Reflection is always an essential part of a treaty. If there is no adequate consideration, a contract is invalid. In the matrimonial field, reciprocal promises of marriage serve as appropriate reflection. Given the particular circumstances of each person, marital agreements are not standardized. On the contrary, they are tailored to the individual needs of the parties. Moreover, they are not necessarily iron, unless they are properly structured. But the validity of post-puptial agreements is more uncertain. For example, in the past, antenuptial agreements have generally been struck down purporting to regulate the amount of assistance one spouse must pay to the other during the marriage. See z.B. Fincham v. Fincham, 160 Kan. 683 (1946); Hilbert v. Hilbert, 168 Md.
364 (1935) (antenuptial agreement invalid, with respect to the fact that neither party would claim maintenance or legal fees in the event of separation). 1. this party did not voluntarily execute the agreement; or a marital agreement is a contract entered into before and in contemplation of marriage. The objective of the contract is to define the terms of all assets and debts, including inconveniences and future income, and to determine how they should be distributed in the event of dissolution of the marriage. When people are engaged, their relationship is fiduciary. As a result, each partner has a positive obligation to disclose their wealth and income. Otherwise, the agreement will be cancelled. See z.B. Kosik v. George, 253 gold. 15 (1969). Since about 1970, the courts have ruled that agreements that set food, food and property rights in the event of divorce or separation are not contrary to public policy as long as they are fair and reasonable and make reasonable arrangements for each spouse based on the needs and resources of others.
See z.B. Posner v. Posner, 233 So.2d 381 (Fla. 1970); Osborne v. Osborne, 384 Mass. 591 (1981). Another potentially problematic area is the idea of having a joint council to prepare and review the proposed marriage agreement. In order to protect the interests of both parties, it is strongly recommended that each party have its own board. A pre-marital contract, or Prenup, is a legal document drawn up before a couple breaks up.
If they are well prepared, they are generally seen as effective tools to reduce the cost and guilt of a marriage that ends in divorce. Many people, not just the super-rich, can benefit from a prenup. While some people think that asking for a prenup is a sign that their partner is not trusted, full disclosure of assets on both sides is necessary for a prenup to be valid.