Pre-marital agreements not only define your marriage`s legal financial plan – they also involve honest communication about your relationship and your future. That`s why we consulted Sandra L. Schpoont, a family and marriage lawyer and partner at Schpoont-Cavallo LLP, and Robert Wallack, a divorce lawyer and founder of The Wallack Firm, to help break the jargon of a model agreement and tell us about the five biggest mistakes couples make. But before intervening, what is a prenupe? one. This agreement contains the full understanding of the parties and replaces all other written or oral agreements between the parties, including, but not limited to, unspoken or other agreements resulting from a period of cohabitation. The parties confirm that no agreement has been reached between them prior to the date of this agreement. Neither party was based on representation of the other party, with the exception of those expressly mentioned in this agreement. Sunset clause: a clause in a prior form indicating when this agreement is no longer valid. Or it can define how much a spouse will receive based on the number of years they are married.
If the couple has children, the spouse can receive more money. (Do you remember the episode of Sex and the City where Charlotte and Trey Prenup said that if she had a boy, Charlotte would receive more money than if she had a daughter? It was totally a sunset clause.) «The goal should be to have a reasonable, fair and applicable agreement for both parties,» Wallack said. «Like a romantic partnership, a marriage is a financial partnership,» says Wallack. «A marital agreement is a business transaction within your marriage, so, like any other financial discussion, try to put your emotions aside and think clearly.» «A prenup is an agreement made by a future couple that defines certain financial obligations and conditions that the parties will meet during the marriage and in the event of a divorce,» Wallack says. Is a pre-marriage agreement with a sufficiently high net and divorce rate of nearly 40% appropriate? Hello Expat Crew, I am an American citizen who marries a Hungarian citizen. There are many articles in this forum about necessary documents, translations, visas, etc. but I wonder if anyone has arranged a marriage contract or a marriage contract? My fiance and I agreed that the best way for our situation would be to keep our finances and properties separate. As I understand it, a marriage contract that says that kind of thing would be registered with our marriage certificate.
Has anyone experienced it or could someone suggest a family lawyer? Thank you! See below an example of a marriage agreement for New York that Schpoont provided us. It does not include all considerations and clauses (because they depend on each couple`s unique situations), but it is a starting point for what a basic prenupity looks like. And since each state has different divorce laws, we advise you to consult a lawyer in your state for your specific procedure.