Contracts are binding if each person gives something to the contract and receives something. Don`t forget. You pay a store for a pair of shoes. You`ll have the shoes. This is a «reflection» on the basis of contract law. In a marital agreement, we often lack reflection. As a general rule, a spouse who has no money gives most of his marital rights, as conferred by law on the partner of the money. The right to marry the other (although indicated in the prenup as «reflection») is reciprocal. They both marry, so that some of them are the same. The less moneyless spouse loses more. Where is the idea, on the other hand, to compensate for this? This serious imbalance is present in almost all prenups. In addition, prenupes are often «feathers» on the less money-hungry spouse, often after the engagement has been established.
Prenups do not pay tribute to the woman who has less money for raising children and sacrificing work opportunities to provide household care. What can happen is that the woman has children, takes care of the house and has a limited career, while the man spends a good part of his time earning money. In some agreements, he can spend most of his time developing and expanding his separate property, which is protected by her, while giving all his efforts to marriage. It is a very destructive situation. In addition, prenups disrupt the balance of power in a marriage and often give the money-hungry spouse everything to decide what he wants with regard to the sharing of property with less money-hungry spouses, and by letting that spouse control all the financial and business decisions that the couple usually shares. Couples who wish to enter into a marriage pact should first list all their individual assets and decide how they wish to distribute them in the event of a divorce. Her lawyer tries to weaken the marital agreement through negotiation, but the lawyer who manages the marriage agreement for her fiancé refuses to stoop. The fiance`s lawyer says, «It`s just a case» or «The Prenup stays in a drawer and only goes out if necessary.» But marriage is not just a transaction.
This is why the state is looking at the rules of divorce and inheritance between spouses. Yes, it will remain in the drawer, but when it is removed, it will have a devastating effect on a party – the least powerful. Don`t get involved. You can think creatively about protecting pre-marital or inherited assets for a reasonable period of time and having some or all of the «separate property» vest in the marriage for a while. This may satisfy some of the concerns about the financial outcomes of a short marriage, although divorce laws take into account the length of a marriage when sharing ownership. There may also be a «sunset clause» in the agreement which states that after a period after the start of the marriage, the prenup self-destructs and then the parties, simply married, like all the others. A typical factual pattern is a couple that has been together for some time. They love each other.
Marriage is imminent. At some point before (or even after) the proposal, the future husband pitches the idea of a marriage agreement. The future woman wants to marry her fiancé, but when she receives a copy, she sees that the marital arrangement is complex and extensive. And if she really reads it, it seems she can`t access everything the future husband currently owns, which could possess in the future, and all kinds of support rights. This perception is confirmed by its evaluator, who is appalled by the wickedness of the whole.