The marriage contract is a quite frequent phenomenon in the modern world, especially, when two adults and successful people are marrying. Though the contract serves as some kind of regulator in case of divorce, it often capable of saving the couple from marriage break-up. Many questions which trouble couple is possible to solve and ensure legally therefore they don’t arise after the marriage, making the life of spouses quieter and relations more confidential. The first documents of such type have appeared in England in the 17th century and have been designed to protect interests of women. According to them, the wife had the right to dispose of the dowry independently and the spouse couldn’t spend thoughtlessly the money of his wife without her consent. In the modern marriage contracts practically everything that can have validity could be specified, therefore preliminary consultation with a solicitor is necessary. The Solicitors Guru website offers a wide choice of solicitor offices and chamber councils who can tell you about all nuances of the marriage contract and will help to make it correctly. There also you will find some helpful legal issues on different topics, such as appliance of no win no fee contracts.
What is usually included in the marriage contract?
Most of all, of course, spouses are concerned by a private property question – how to share it and who will get the bigger part after the divorce? By the legislation each spouse has the right to a half from all property which has been acquired in marriage irrespective of who was main “getter”, but the contract can change it. Spouses can specify the shares received by each of them in the case of divorce.
The second by popularity, the point is the future children. In the contract it can be specified with whom they will remain after the divorce and what sum (or percent from the income) will be paid by the second spouse, etc.
If a couple works together or has a corporate business, then it dissolution in case of divorce is also often specified in such contract. Quite often the commercial loan (including future) and debts are shared too.
When can the marriage contract regulate the non-legal aspects?
These aspects act in marriage goes to the foreground because family happiness depends on them, but it is impossible to control them by means of this document. Directly is impossible, but indirectly – is possible, as the solicitor can find sophisticated ways to deal this problem.
For example, the second spouse will have monetary compensation if betrayal was noticed. It will hold, at least, the second half from “casual”communications, especially if compensation is quite big.
Also there is no guarantee that husband or wife won’t stop loving each other, and will try to divorce, but it is possible to oblige the initiator of the divorce to pay to second party some monetary compensation for moral damage.
How and when you able to award the marriage contract
It is possible to award a contract at any time – before marriage or later. If the contract is signed before marriage, then it becomes valid on the wedding day. If spouses were signed such document after marriage and then it became valid since that moment as it has certification endorsement from the notary. In order that all points specified in the contract were valid, they need to be confirmed. For example, if the speech goes on private property, then each of spouses must provide the documents confirming their right to possession of these or those material benefits. As many questions are disputable, it is desirable to address to several solicitors for writing the marriage contract.
Can everything be included in the marriage contract?
No, not everything. The marriage contract in which constitutional rights of one the spouses are violated is deemed invalid. For example, it is impossible after the divorce to deprive the husband and the wife of all acquired property or to oblige them to pay the corporate credit. Also such points deem invalid which is regulating the cut of one’s jib or communication with relatives, pets, etc.