MARRIAGE CONTRACT

OUR SERVICE: Drafting, consideration and execution of prenuptial and prenuptial contracts, contracts and agreements

The contract concluded between spouses or future spouses is respectively called marriage and premarital. Prenuptial agreements make many people nervous about the future of their relationship, and not all lovers go through this moment equally well, and some leave the distance of marriage even before marriage. People who have gone through a divorce once and who are considering remarrying tend to think about a marriage contract more often. They understand that this is not a whim, but, as a rule, a forced necessity. But marriage contracts can be drawn up by the parties, both before the marriage, and during the period of the spouses being married.

Registration of a marriage contract will help to protect each party from problems in the future, to determine which of the spouses owns what property and will belong in the event of a divorce, and also helps to save you from many conflicts and unfair accusations in divorce.

This document is a guarantee of the security of property rights in marriage and in the event of its collapse. In the event of a divorce, the spouses will not have to resolve a property dispute in court, since the division of common property is already predetermined by the contract. However, disputes may nevertheless arise, such as the recognition of a marriage contract as invalid, null and void. But it also allows you to protect personal property acquired before marriage from the claims of a spouse.

Matters governed by the marriage contract

• Establishment of a regime of joint, shared or separate ownership of all existing property and material values ​​that are yet to be acquired jointly.
• Change in the statutory regime of common property.
• Determination of the property of each spouse acquired before marriage.
• Establishment of property, which after divorce will be due to each of the spouses.
• Settlement of issues related to the mutual maintenance of spouses.
• Determination of ways of distribution of income.
• Determination of the terms of family expenses.

Although the marriage contract is a very flexible instrument, not all of its provisions can be enforced by the parties. A marriage contract defines relations exclusively in the field of property rights, therefore it cannot stipulate issues related to minor children and establish non-property obligations and rights, for example, to distribute who and how does household chores.

Also, for example, he cannot release the spouse from the obligation to support the child and pay alimony. Therefore, already at the stage of preparing the marriage contract, the participation of an experienced lawyer is necessary, who will correctly develop the conditions of the marriage contract in accordance with the legislation of the relevant state.

Situations when you can’t do without a marriage contract lawyer:

1. One of the spouses at the beginning of the relationship has more property than the other (money, options, apartments, cars, etc.)
2. One of the spouses, already in a relationship, should soon receive a large gift (fee) or inheritance.
3. The money of one of the spouses is invested in securities, and the value of the investment has increased.
4. The parents of one of the spouses want to help the young couple buy an apartment, but the parents of the second spouse cannot participate.
5. One of the spouses invested all his money in a business that was supposed to bring profit in the future, but this did not happen, and today he / she has no more savings.
6. One spouse has an apartment at the beginning of the relationship. Does it matter if there is a mortgage on it? Does the couple live in this apartment? Or it rents out, the rent covers the mortgage, and some of the money remains. How much money do you need to make repairs in this apartment? What to do with this apartment if the couple’s relationship ends?

There are an infinite number of situations that put spouses in a difficult position when they have to choose, literally, between love and possessions.

All of the above questions and many others we are able to turn into clear, logical and honest paragraphs of financial agreements in marriage contracts that we draw up for our clients. Our task is to preserve your rights without disturbing the relationship within the couple. This is the specialty of our marriage and wills law office.

The agreement should be based on full and fair disclosure of information, and each party should be able to obtain independent legal due diligence prior to signing the document.

Grant Law Corporation attorneys act in the interests of any of the parties involved in the marriage contract, and the presence of an attorney for each of the parties ensures that all the terms of the contract and registration rules will comply with State law. To enforce the terms of the marriage contract, the marriage contract must be fair enough both in its terms and in the process in which it was negotiated and signed. Otherwise, the family court judge may later be inclined to ignore the terms of the marriage contract.

Attorneys at Grant Law Corporation, P.A. carry out the preparation of marriage contracts, their correct execution and conclusion. We advise on the protection of assets (planning protection) from division by one of the spouses and provide you with high-quality legal assistance on all matters of family law.