Even in states that have not adopted UPAA/UPMAA like New York, properly executed marriage contracts enjoy the same presumption of legality as any other contract. [32] It is not necessary for a couple signing a marriage contract to hire separate lawyers to represent them, provided that each party understands the agreement and voluntarily signs it in order to be bound by its terms. There is a strong public policy that favours parties who order and decide their own interests through contracts. [33] There is no state or federal law that requires adults with contractual capacity to engage legal counsel to enter into a prenuptial agreement such as a prenuptial agreement, with the exception of a California law that requires the parties to be represented by counsel if the spouse`s assistance (alimony) is limited by the agreement. [34] A marriage contract may be challenged if there is evidence that the contract was signed under duress. [35] Whether a prenuptial agreement was entered into under duress must be proven by the facts and circumstances of the case. For example, it was found that a woman`s claim that she believed there would be no marriage if she did not sign a marriage contract in which the marriage was only two weeks away and that marriage plans had been made was not sufficient to prove coercion. [36] Mandatory requirements regarding the content of the marriage contract are provided for in Article 93 of the Family Code of Ukraine, which stipulates that the marriage contract governs the financial relations between the spouses, determines their property rights and obligations. The marriage contract can also establish the property rights and obligations of the spouses as parents, but with certain restrictions. The personal relations of the spouses cannot be governed by the marriage contract, nor can the personal relations between the spouses and their children. This rule is also provided for in article 93 of the Family Code of Ukraine.
Marriage contracts that restrict the rights of children and put one of the spouses in a poor material condition are not allowed under the above-mentioned mandatory regulations. Under the marriage contract, neither spouse can acquire real estate or other property, which requires state registration. [14] The conclusion of a marriage contract should never be taken lightly, especially since the mere mention of one of the spouses suggests the possibility that the marriage may end at some point. Discussing a prenuptial agreement can also cause stress in a relationship. Therefore, deciding to implement certain financial conditions and separate property designations when planning the marriage is a personal decision. It is useful to understand the pros and cons of signing such an agreement. There are several reasons why one party (or even both parties) may want to sign a valid marriage contract before the marriage. In general, prenups protect property that might otherwise be subject to matrimonial law. In particular, these documents can be used for: A marriage contract can be considered invalid under a number of different conditions and scenarios. First of all, a prenup must be written and signed by both parties and executed correctly. In addition, a prenup that was signed under duress or that was not even read before signing (for example.B. as part of a set of documents requesting signatures) cannot be considered valid.
Other reasons why a state may not recognize a marriage contract include the lack of independent legal counsel (for each spouse), false information, and lack of scruples. At Meillon & Bright Legal, our team of experienced family law lawyers has experience in preparing and reviewing financial arrangements before the marriage begins, during a marriage or after the parties separate. In the United States, marriage contracts are recognized in all fifty states and the District of Columbia and are enforceable if prepared in accordance with the requirements of federal and state law. It has been reported that the demand for prenuptial agreements in the United States has increased in recent years, especially among millennial couples. [19] [20] [21] [22] In a 2016 survey conducted by the American Academy of Matrimonial Lawyers (AAML), members` lawyers indicated that in recent years, they have seen an increase in the total number of clients seeking a prenuptial agreement, particularly among millennials, who had the greatest interest in protecting the appreciation of distinct property. Inheritances and division of community property. [23] In addition, it gives you both the opportunity to fully understand the legal rights you acquire and renounce after your marriage. .