Pre / Post Nuptial Agreements

When you are in a relationship with your significant other, you automatically establish fiscal rights and undertake fiscal obligations by virtue of the Financial Relations Act between spouses (for married couples) or by virtue of the law established by case law (common-law couples).

If you do not want to be bound by the arrangements set by law and/or case law, and this is a very rational request, since the ruling tends to interpret the law in such a way as to make it difficult to predict how the property will be divided on the day of separation, you need a pre/post nuptial agreement, that receives court approval and validation to its provisions, thereby obtaining the highest degree of certainty and security that can be obtained on these issues.

When in the pre-nuptial stage of the relationship, the agreement may also be validated before a notary, but after the marriage of the parties, any post nuptial agreement must be brought before the court for approval or it will be rendered null and void.

The financial agreement may also include reference to the children of the parties, custody, child support and alimony, but many judges tend not to approve clauses concerning children who have not yet arrived in the world, and it should be known that these clauses may be revoked when the agreement is ratified.

In the context of the finance agreement, assets can be added or excluded from the mass of the joint property, without any restriction, and arrangements can be made regarding the division of property, and what law, if any, will apply to the parties.

A divorce agreement can be reached even if a prenuptial agreement was not signed, as reaching an agreement supersedes the costly litigation and through which the parties actually write the judgment in their case.

When you sign a pre/post nuptial agreement or  a divorce agreement, you must ensure that you have received independent advice from an attorney representing you and you alone (even if the agreement has been made by a “neutral” lawyer or mediator) Who understands your needs and ensures that the agreement that does not deprive you in any way, and that you are aware of the concessions you made under the agreement and the other implications of the agreement.

____________________________________________________________
The contents of this website are general information only and do not constitute nor substitute for specific legal advice