воскресенье, 7 июля 2013 г.

Premarital contracts

                          Premarital contracts .....                                                                                                    
                                                                                                                                                                     In anticipation of Valentine's Day, many couples are thinking whether they should tie the bonds of marriage. It is clear that the happy couple least want to think about such mundane and unromantic things. In fact, in the pre-marital contract can take a look from another angle. The marriage contract - is not a sign of self-serving attitude of distrust or spouses. On the contrary, having discussed the estate side of the marriage during a strong relationship, a husband and wife to each other save ourselves from unpleasant surprises in the event of a threat of family breakdown.

If your union will crack, you can focus on solving psychological problems and saving the relationship, not worrying about who gets the apartment or the like will be divided your joint accounts. You can either risk having earned over the years, or spend 2-3 hours at the conclusion of premarital contract. In this article, we will attempt to answer the most frequently asked questions from our customers.

What is a prenuptial agreement?

The agreement of the persons entering into a marriage determines property rights and responsibilities of spouses in a marriage, and (or) in the case of divorce.
Why do I need a prenuptial contract if I'm not home and I do not earn a lot?
You do not have to be Donald Trampop or Tiger Woods to enter into such a contract. In contrast, pre-marital contract protects you from unexpected judgments in divorce. We encourage our customers to have an agreement if one or both future spouses had their own businesses, premarital property valued character and they want to retain the property in case of divorce. As your circumstances may change and you can find high-paying job, buy a house, or win the lottery. Also premarital konrakt is a chance to keep a friendly relationship after the dissolution of the union.

What you can not specify a premarital contract?

The courts do not approve those parts of the agreements which specify the nature of the intangible aspects such as who will take out the garbage, or where the work will be a husband or wife. Nor should stipulate the rights of children, the conditions of their material support or custody in divorce cases. Interests of third parties can not be included in kotrakt.

When premarital konrakt takes effect and what to look for when drafting prenuptial konrakta?

In force marriage contract shall at the time of the marriage. People often search for kotrakt sample that does not really matter. In fact, for each pair to make their own, individual konrakt be properly prepared your lawyer. Pre-marital contract should include Seba formalities as well as the transfer of property act otherwise the contract will be invalidated.

Is it possible to draw up a prenuptial agreement itself without a lawyer?

Drawing up such a treaty requires a knowledge of the laws of the state. Error when compiling the contract may result in the recognition by the court as invalid. For this reason it is important that the agreement was either entirely Drawn from a lawyer or examined by counsel before you sign it.

Is it possible to change the terms of the marriage contract or to terminate it?

The marriage contract may be modified or terminated at any time by spouses, but only by mutual consent in compliance with all the formalities of its publication. Unilateral termination of the marriage contract is not permitted.

In some cases, pre-marital contract can be declared null and void?

For reasons that allows challenging the validity of premarital konrakta include the following situations: the contract under the delusion that has a significant value, the conclusion of the contract under the influence of violence, threats of violence, fraud, or as a result of exceptional circumstances on extremely unfavorable conditions. Also, the courts in New York and New Jersey disapprove of agreements that provide for child support in the event of major divorce; create unfair material relations between spouses, or not allowing a lawyer to protect the less wealthy spouse in a divorce. Also not recommended to enter kotrakt and the last week before the wedding.

Will there be an agreement on the separation and property between the pair living together without painting valid if the couple will sign a registry office?

Such an agreement would likely not valid after the marriage and divorce. Dobrachev agreement must be made up in the context of the expectations of the upcoming marriage and not just for the division of property is not painted pair. If you are in this position you can customize your contract in premarital agreement rewriting it and making the appropriate changes. These changes must be made, either by the attorney or examined by counsel. After the lawyer will check the agreement, it may be signed by the couple in front of a notary who must certify the signatures of the parties.

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