Interpretation Of Prenuptial Agreement

A: In California, the terms applicable to child marriage contracts are not applicable. The court will consider that any child in a marriage is entitled to support and the court will abide by California`s guidelines for helping children. In short, California will not respect the duration of the contract during which a parent deducts an obligation to pay family allowances. A marriage contract is only valid if it is concluded before the marriage. After a couple`s marriage, they can draft a marriage contract. Q: My spouse and I agreed on a marriage contract that stipulated that I would not have to pay family allowances in the event of divorce. Will this agreement on family allowances be upheld in court? Marriage contracts have been recognized as valid for a long time in several European countries such as France, Belgium, the Netherlands, Germany, Poland, Switzerland, Sweden, Denmark, Norway and Finland. Whereas, in some of these countries, there are limits that the courts consider enforceable or valid (for example. B Germany after 2001, where the courts of appeal have so indicated), a written and duly initiated contract, freely agreed, cannot be challenged, for example by arguing the circumstances in which the marriage broke down or the conduct of a party. In France and Belgium (as in Quebec, which has the same legal tradition), marriage contracts must be concluded in the presence of a notary. In some countries, including the United States, Belgium and the Netherlands, the marriage contract provides not only for what happens in the event of divorce, but also for the protection of part of the property during the marriage, for example in the event of bankruptcy.

Many countries, including Canada, France, Italy and Germany, have matrimonial regimes, in addition to or, in some cases, in place of marriage contracts. In California, a couple can waive their rights to share property (co-ownership) through a marriage contract. [54] The agreement may limit the condition of the spouses (although a court may annul it at the time of divorce if it considers that the restriction is ruthless). The agreement can be used as a contract to make a will obliging one spouse to take care of the other in the event of death. .

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