A good marriage contract can provide financial and emotional security for the parties and often their families before and after the wedding. With the recent high-profile and high-profile divorce of Amazon CEO Jeff Bezos and acclaimed novelist Mackenzie Bezos, who will question the $140 billion joint fortune, the issue of marital contracts is back in the news. While discussing a marriage contract may not be the most romantic way to start your marriage or relationship, it may be the most important document you`ve ever signed. It is also a very useful tool for people who have same-sex relationships to protect the current fortune and avoid uncertainty. We study what has to do with a marriage contract, with the help of family law experts. A marriage contract can protect cash, real estate, pensions, investments, businesses, estates and pension rights, as well as an obligation to complete the debts and liabilities of the relationship. Some jurisdictions do not allow prenups to dictate the assistance granted in the event of separation or divorce. The reason for this is that situations change and you really can`t predict all future events, so the courts are competent to verify the situation if necessary. If you are unsure of your state`s laws in this regard, please contact a local attorney. Also note that if the parties attempt to enforce the agreement by a court, a judge may revoke a marriage contract if its terms render a party destute or if it is otherwise considered unilateral or unfair, even if both parties have agreed to the terms. In addition to property and property, your marriage contract may include agreements regarding financial assistance for one of the spouses.
Partners can also make arrangements to include superannuation so that it can be specifically addressed in the event of separation. There are many different ways to assess common ownership in the event of marriage failure. With LawDepot`s marriage contract, you can choose the two most used methods to evaluate the common property or, if you wish, create your own. The two most common answers you can choose are “Each party will own 50% of the property” and “The property is based on each party`s financial contribution”. To create your own clause, choose “Other” and enter your preferred method of valuation of the common property in a complete set or paragraph, for example. B: “Alex will own 80% of the art collection. Mary will own 20% of the art collection. Each party will own 50% of all other commons. » Make again a solution that works for your unique situation and understand that in case of marriage failure, if both parties agree, the marriage contract can be modified if necessary. But only by mutual agreement between the parties. Recently, a client asked, “I`ve heard that marriage contracts are not valid in Australia, is that true?” The short answer to this question is no. The family court may annul or annul a marriage contract if it is satisfied that: in the pioneering case of Thorne vs. Kennedy,  HCA 49, two financial agreements were annulled for ruthless conduct and inadmissible influence.
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