Each state has its own separate laws, which govern the types of property constituting separate property and the types of conjugal property (some states use „co-ownership“ laws, which often prescribe 50/50 fractions). In the event of separation by death or divorce, the court separates all marital property according to the laws of the State. To prevent a court from deciding what happens to your property acquired during your marriage, you can use a marriage contract. Many military families are mixed with children of yesteryear. A marital marriage contract can recognize these children from other relationships and support them financially. This in no way separates the children of your new Union as second-class citizens; It simply protects the little ones that are already part of your heart. Each state prohibits you from including anything that is illegal in your marriage contract. Indeed, this can put all or part of the matrimonial document in danger of being set aside. The reasons for a marriage contract are numerous.
Below is a list of points that are often included in marriage contracts: A prenup cannot include matters relating to child maintenance or child custody. The court has the final say in the calculation of child support. The court determines child support on the basis of a standard for the „best interests of the child“, with several factors playing a role. A court would never maintain a provision of a marriage contract relating to child maintenance, custody or access, since these are matters of public order. The court retains the power to decide what is in the best interests of the child and will not deny a child the right to financial assistance or the opportunity to have a relationship with a fit parent. For a marriage contract to be valid, you and your future spouse must disclose all complete financial information. This includes the value of your assets and liabilities. This must be done so that both parties fully understand the impact of the agreement. A good way to secure age assets is with a marital property contract like a prenup before marriage or a post-up during marriage.
A prenup is a binding agreement that sets out the property and financing rights of each spouse in the event of divorce or death. If a couple is already married, they can sign a terminated contract. Marital and post-employment contracts are used to preserve ownership separately and outside the Community patrimony. Marriage contracts can be beneficial for both parties, as they consolidate the terms of a relationship and marriage before problems arise….