Attorney Fields was recently honored by the prestigious Journal of the Academy of Matrimonial Lawyers for his «exceptional» article about prenuptial agreements: «Forbidden
Provisions in Prenuptial Agreements: Legal and Practical Considerations for the Matrimonial Lawyer,» Journal of the American Academy of Matrimonial Lawyers.
While the most common
provision in a prenuptial agreement deals with how property will be divided in the event that the marriage ends in a divorce, other topics are often included, such as the parties agreeing not to seek spousal support.
S496 (Florida Supreme Court, June 30, 2005):
Provision in prenuptial agreement that attorney fees would be awarded to prevailing party in any action to enforce agreement was enforceable.
Provisions in a prenuptial agreement that purport to govern child custody, child visitation rights or child support payments will not be enforced.
Not exact matches
The same law also specifies that
prenuptial agreements are valid when made under the
provisions of a foreign law, and sets forth a
provision for registration of foreign
prenuptial agreements in Japan.
Nonetheless it is accepted that
prenuptial agreements are generally enforceable
in Japan, provided they are well drafted and
in conformity with the
provisions of the Civil Code and other
provisions of Japanese law.
There may be other
provisions that you and your future spouse want included
in your
prenuptial agreement.
It is a question of which law will apply: will it be the law of the state
in which the parties executed the
agreement, and where the
agreement says, or will California override certain
provisions related to the
prenuptial as it could cause violation of public policy.
In Arizona,
provisions of a
prenuptial agreement must be sufficiently specific to be enforceable.
... We affirm because the requirement that
prenuptial agreements be
in writing under California law is a statute of frauds
provision, and to satisfy the statute of frauds, a writing must state with reasonable certainty what the terms and conditions of the contract are.
Similar to a
prenuptial agreement, this
agreement contains
provision for support, property distribution and any children of the marriage
in the event the marriage terminates.
A
prenuptial agreement allows them the ability to set out their very own
provision for financial matters
in the event of a separation.