Sentences with phrase «of a prenuptial agreement»

In some situations, it makes sense to develop the terms of a prenuptial agreement in conjunction with a revised estate plan in order to avoid unintentional disinheritance of adult children.
However, there is a trend for courts in Denmark to make awards in derogation of the terms of the prenuptial agreement if the contractual terms are unfair, especially if the marriage was lenghty and the contract removed all of the spouses» capital from the matrimonial community of property.
Soon - to - be spouses from all walks of life tend to distance themselves from the idea of a prenuptial agreement because they've heard it is damaging to a marriage's chances, that it shows that the person who suggests it doesn't think the marriage will last.
While there are many benefits of prenuptial agreements for conventional marriages, the benefits are generally multiplied when the parties are from different countries or have assets overseas or are living overseas.
- New Brunswick permits a court to disregard a provision of a prenuptial agreement if the spouse did not receive independent legal advice and application of the provision would be inequitable.
Soon - to - be spouses from all walks of life tend to distance themselves from the idea of a prenuptial agreement because they've heard...
Any violation of the state laws may affect the intended purpose of a prenuptial agreement in the marriage
In recent years, there has been a large increase in the number of prenuptial agreements signed in Spain.
Those three requirements are: 1) There must be a full disclosure of assets by both sides prior to the signing of the prenuptial agreement; 2) the Agreement can not be unconscionable at the time it is signed; and 3) the Agreement can not be unconscionable at the time of its enforcement.
- Nova Scotia's Matrimonial Property Act allows for non-enforcement of a prenuptial agreement if any term is «unconscionable, unduly harsh on one party or fraudulent.»
In the absence of a prenuptial agreement, divorce law controls those consequences.
However, any Florida couple considering marriage may want to deal with the sensitive issue of a prenuptial agreement before the wedding in order to minimize possible disputes in the event of divorce or separation.
Worked on the first case to consider the impact of the Court of Final Appeal's decision in SHP v SA in respect of the enforceability of prenuptial agreements in Hong Kong.
A dispute over the validity of a prenuptial agreement in which millions of dollars are at stake needs to be handled much differently than a dispute in which the future of a child is at stake.
Married couples can also enter into a contractual agreement that has the same effects of a prenuptial agreement.
As a matrimonial practitioner, I have seen litigants make serious mistakes, particularly when they do not have the protection of a prenuptial agreement or never established an asset protection trust prior to marriage.
In these situations, it is important to challenge the legality of the prenuptial agreement in order to protect your rights.
The couple fell in love quickly and moved in together, but when they decided to get married an issue of a prenuptial agreement came up.
The outlook of a divorce or the drafting of prenuptial agreement may now need to be altered because of these benefits and reliable, proven counsel can make sure that they are properly incorporated into your current or anticipated family law matter.
It is very important for seniors to approach the idea of a prenuptial agreement with an open mind.
In this podcast, family lawyer Cynthia Ann Brassington answers questions regarding business valuation, asset division, alimony, and the importance of prenuptial agreements in the event of divorce.
Divorce attorneys across the country are reporting a dramatic increase in requests for the creation of prenuptial agreements for their clients over the past five years.
We were doing prenuptial agreements with LegalZoom, it was this pioneering program where they were doing the marketing, we were doing the servicing of prenuptial agreements.
If the conditions of a prenuptial agreement seem one - sided or unreasonable, a judge can always override it during divorce.
In addition to planning the details of their upcoming wedding, Kanye West and Kim Kardashian are also finalizing the details of their prenuptial agreement.
The content of a prenuptial agreement can vary widely, and is less of a restrictive arrangement than it is one that explains the necessities of an evolving relationship.
Though such discussions are not easy, we often find that the negotiation of a prenuptial agreement can be a positive experience and can avoid conflict during your marriage.
Reflecting on the landmark case of Radmacher v Granatino where Ayesha Vardag led the wife to victory and made prenups legally enforceable in England and Wales, Lord Wilson said that casting aspersions on the value of prenuptial agreements «is too patronising» and makes our law «inappropriately intrusive into personal, adult, arrangements».
As alluded to earlier, the usefulness of your prenuptial agreement hinges upon how well it is drafted.
Lord Justice Thorpe also called for legislation to clarify the status of prenuptial agreements.
The most common function of a prenuptial agreement is to take the uncertainty out of the property division and spousal maintenance issues that will need to be resolved in the event of a divorce.
We are also well - versed in all aspects of prenuptial agreements and agreements between domestic partners.
To understand more about the pros and cons of prenuptial agreements, a soon - to - be spouse may consider speaking with an experienced legal professional.
Divorce nowadays just seems to loom around the corner in the life of a married couple in Jefferson, Kentucky, and everywhere in the U.S. Given that most statistics show that a marriage has only a 50 percent chance of long - term success, taking precautions in the form of a prenuptial agreement may be smart, especially for high - profile couples and celebrities.
Ayesha confirmed that the same goes for prenups in England and Wales, and went on to describe the purpose and the typical contents of a prenuptial agreement:
There is a clear and very strong public policy in New York favoring the right of parties to set their own terms when they marry but there will be greater scrutiny if there has not been adequate disclosure of financial matters before marriage or independent legal representation or a reasonable gap between the presentation of a prenuptial agreement, its execution and the parties» marriage.
I am not usually a flag - waver for the jurisdiction in which I practice but, in the case of prenuptial agreements, I think that New York has got it about right.
One of the most common misconceptions of a prenuptial agreement is that people who ask for a prenuptial agreement think that their marriage is going to fall apart at some point in the future.
One of the things that many people believe would ruin a wedding is a discussion of a prenuptial agreement.
In most cases, the point of a prenuptial agreement is to find a fair way to establish the financial aspects of a new couple's life together.
When a couple makes a valid agreement specifying that their earnings will remain separate property after marriage, this agreement generally binds creditors in Arizona, so long as a the Prenuptial Agreement or an Abstract of the Prenuptial Agreement is recorded in the County Recorder's Office.
It may even result in bankruptcy, particularly if a lack of prenuptial agreements, shareholder agreements or buy - sell agreements results in a protracted legal battle over assets.
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