According to a recent survey by the American Academy of Matrimonial Lawyers, the number of couples signing prenup is increasing. Over the past three years, nearly two-thirds of respondents have experienced an increase in the total number of clients looking for prenupes. In addition to our enormous experience in the development of marriage contracts, we have also been involved in cases where such agreements have been reviewed by the courts. For example, the influential Crossley case (2007) in which the court ruled in favour of our client that prenup was the magnetic factor in the case; and Z v (2011) in which the court allowed our client`s claim to trust a separate French pre-marital contract by limiting the price of divorce to the needs of the other spouse, instead of ordering a fair division of property. Brett Frankle acted for the husband in this case where two French citizens lived in London. A marriage agreement provides any spouse with some protection in the event of a future divorce. This legally binding document may have the effect: there is no clear answer. However, the following people should seriously consider obtaining a marital agreement: 1) people with significant assets or income; (2) Persons who plan to obtain property during marriage by gift or estate; (3) people who are getting married for the 2nd or 3rd time; (4) persons with children from a previous relationship for whom they intend to take preventive measures; (5) Anyone who wants their divorce process to be more effective, if/when, if any, occurs. If you and your future partner are considering a marriage deal, you will probably have a lot of questions about the laws and the different conditions you may encounter. It is also extremely important to ensure that this is a valid agreement. Protect your interests by having a family lawyer check your marital agreement and give informed advice. Second, a matrimonial agreement does not have the power to determine future custody or custody of children. In the event of a divorce, the power to decide custody of the children rests exclusively with the family court.
The court will check the current facts, circumstances and best interests of the child at that time to make a custody decision. A marital agreement cannot influence this process, as it would jeopardize the best interests of the child. Similarly, custody of the children is granted at the time of divorce on the basis of the child`s needs. If you disagree on the money and property and seek a financial settlement on divorce in court, the judge will carefully consider any marital arrangement in which you have both been involved. They will be factors such as: At Katz-Stefani, our lawyers have represented clients for prior work in Chicago, who focus relatively quickly and cheaply on the divorce process due to ongoing marriage contracts. On the other hand, clients without marriage contracts may have divorces that lasted for years in the court system, which can be prohibitively costly and emotionally deviant. If divorces are obtained more quickly and efficiently, both parties can move on to the next chapter of their lives with less zeal and more money in their future. Before we go on, let us avoid some things. Yes, prenups are not romantic, especially if you`re about to tie it. And no, I`m not a relationship co-author or a lawyer. (If you knew me, you`d never take me couple advice. Let`s leave it there.) A marriage agreement can help you and your close spouse establish the kind of honesty and long-range planning that will make the financial side of your marriage successful.