When To Sign A Prenuptial Agreement

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Marriage contracts have long been recognized as valid in several European countries such as France, Belgium, the Netherlands, Germany, Poland, Switzerland, Sweden, Denmark, Norway and Finland. While in some of these countries there are limits to restrictions that courts consider enforceable or valid (e.g., Germany.B after 2001, where the courts of appeal have indicated this), a written and duly initiated contract that has been freely agreed cannot be challenged, for example, by arguing the circumstances in which the marriage was broken 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. A prenutial agreement cannot be used to determine matters relating to custody, access or child support. Please do not add provisions that deal with this, as the courts always make a decision based on the best interests of the child at the time of divorce. You should also avoid including provisions that do not deal with property or finances. For example, you should avoid including a clause that says your spouse must do laundry twice a week. These types of claims are not binding on the courts. If you want to list personal issues such as the distribution of household chores, child-raising rules, etc., you must do so in a separate agreement (knowing that such an agreement is not legally binding) so as not to invalidate your prenutial agreement. A big problem with marriage contracts is that they put pressure on one or both partners before a wedding.

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