In the past, in England and Wales, marital agreements had not been considered legally applicable in England and Wales for public policy reasons. One of the biggest mistakes made by lawyers without sufficiently experienced family law is the assumption that preliminary work follows traditional contract law. They do not and couples have to make marital comparisons in according with national relations laws. In the event of non-performance of pre-marital contracts without respect for the conditions, a court will judge whether it is to decide whether the matrimonial agreement is valid, but not limited to full transparency of assets and commitments, whether the terms of the agreement were fair and reasonable at the time of signing the contract, whether the agreement was concluded freely and voluntarily. , and whether each person fully understood what they could give up under the marriage agreement. When a court finds that these conditions are not met, a judge may find that the preliminary decision is invalid and unenforceable. Ensuring that both parties have independent legal assistance in reviewing the terms of the matrimonial agreement helps ensure that both parties have fully understood their rights in the performance of the contract. As our team has 35 years of experience dealing with family law issues, O`Connor Family Law lawyers can explain the do`s and don`ts of marriage contracts and prepare a contract that meets your needs. In several European countries such as France, Belgium, the Netherlands, Germany, Poland, Switzerland, Sweden, Denmark, Norway and Finland, marriage agreements have long been considered valid. While in some of these countries, limits apply to restrictions enforceable or valid by the courts (for example. B Germany after 2001, when the appelncies courts indicated it), a written and duly initiated contract, which was freely concluded, cannot be challenged, for example by arguing the circumstances in which the marriage broke down or where the marriage reigned.
In France and Belgium (as in Quebec, which has the same judicial tradition), marital agreements must be concluded in the presence of a notary. As a general rule, a choice of rights clause should be extended. In one case, an Oregon court applied the law chosen by the marital convention — California law — only for the construction of the agreement, but did not apply California`s property rights because the choice clause of the law was limited to construction issues. In re Marriage of Proctor, 203 Gold. App. 499, 125 P.3d 801 (2005), changed opinion on Reconsideration, 204 Gold. App. 250, 129 p.3d 186 (2006). The choice clauses should provide for both the application of the material and procedural law of the foreign court. 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.