To ensure that your marriage contract meets its purpose, you keep a sheet of paper showing the financial situation of each relevant company. It is good to say that a company had some value in the five years prior to marriage, but without documentary evidence, this can be a difficult argument to win. If you have any questions about marriage contracts, please contact Moreno Family Law Firm`s experienced lawyers. The Moreno Family Law lawyers have more than 30 years of experience helping San Jose residents design marital arrangements. Call the Moreno Family Law Firm today at 408-266-9011 for a consultation. Marriage involves financial rights and duties. If your client gets divorced, he or she may be asked to share the marital property and perhaps pay assistance. If your client dies, his or her spouse can claim a third to half of his or her fortune depending on the state in which he lives. A marriage agreement exempts your client from these general rules and allows him to set the parameters for himself. It could also spare the matrimonial estate significant means that would otherwise be spent on marriage lawyers during the tumultuous period following the breakdown of marriage. One of the most important elements of a good prenup is to make sure it is realistic. It is very likely that the courts will ignore an extreme agreement that would not be subject to divorce for the financially weak party. Similarly, an agreement that links the financial outcome of the divorce to the behaviour of the parties – that is, things such as infidelity clauses – risks undermining the prenup.
With the agreement of both parties, all advice given at the time of the parties` marital agreement was disclosed to the Tribunal. Justice Roberts merely said that the woman, on the test of fairness and personal autonomy, knew early in her relationship that the husband did not want to remarry and that he felt that her children should be the finest beneficiaries of her wealth. The wife entered into the agreement and the mere fact that the husband would not marry without a conjugal agreement could not be regarded as an inappropriate pressure on her.