A matrimonial agreement cannot be used to determine issues relating to child custody, access to children or family allowances. Do not include provisions dealing with such provisions, as the courts, at the time of divorce, always make a decision based on the best interests of the child. You should also avoid dealing with provisions that are not with real estate or finances. For example, you should avoid including a clause that requires your spouse to do laundry twice a week. Such requests are not binding in court. If you want to list personal questions, such as the division of tasks. B, the rules relating to the education of children, etc., you should do so in a separate agreement (knowing that such an agreement is not legally binding) so as not to invalidate your marriage contract. The Premarital Agreement Act stipulates that parties should be free to create financial conditions in which they both agree – with some restrictions. It requires a review of minimum standards of fairness by the state, based on the circumstances at the time of the agreement. After verification, a state may refuse to implement an agreement that puts a party at financial risk.
The law also addresses the burden of proof and determines when the rights of divorce or death may be waived or changed. Marital agreements most often involve the division of property, assistance to spouses and the right of the child in the event of divorce. They may also include provisions for loss of assets in the event of adultery. Prenupes are generally required by the party who will lose the most money or property in the event of divorce, especially in states that respect the common property right – each spouse is entitled to half the amount acquired during the marriage. Premarital mediation is another way to create a conjugal arrangement. In this process, a mediator facilitates an open discussion between the couple on all kinds of marriage issues, such as expectations regarding post-birth work and savings and spending styles, as well as traditional pre-marital discussions on real estate sharing and spousal assistance when the marriage is over. The engaged couple makes all decisions about what would happen in the event of separation or divorce with the help of the mediator. They then design either a memorandum of agreement or a pre-marital agreement and have them checked by their respective lawyers.