What a Marriage Contract Can and Cannot Regulate

A prenuptial agreement that is signed before the marriage is contracted becomes valid on the day the marriage is registered. In case such an agreement is composed within a marriage, it works from the day it is signed. Before it is valid, spouses live their usual life. It is impossible to complete such an agreement without one spouse’s personal presence.

Powers of the Contract

Engagement rings on a piece of a marriage contractIt is necessary to remember that only property of spouses can be regulated with the help of this agreement. Simply speaking, it is possible to name the owner of the apartment the family is going to buy next year, the owner of the car that will be bought in a couple of weeks, and so on. At the same time, spouses cannot “distribute” children or their participation in bringing them up or taking care of them. A marriage contract cannot regulate other types of family relations or limit spouses’ freedoms or rights. For example, a wife cannot forbid her husband from climbing mountains, and her husband cannot oblige her to eat 2000 calories per day. It means that all mental and ethical matters are beyond the contract.

How to Stop or Change It

While the contract is valid, both spouses should obey its terms and conditions. Still, if one or both spouses find that these terms have lost their initial meaning, they can hire a local Miami marriage attorney and change certain points of the contract or annihilate it. All these procedures have to be conducted with both spouses present and with their mutual agreement. Marriage contracts come into effect the moment they are signed and lose their power once the marriage is dissolved. However, there are contracts that come into action only when the marriage is broken, for example, the ones that regulate the way property is divided.

How Marriage Contracts Can Be Used

There are cases when marriage contracts are used as a ring-buoy: people who have problems with the law and are at risk of foreclosure of all their property usually have everything in the possession of their wives. In such cases, even if husbands file bankruptcy, wives do not need to do the same. Creditors have no rights to foreclose their property, especially if spouses have separate bank accounts. In such cases, businessmen also risk having all their property taken by their wives, but it happens very rarely, even in case their marriage was once contracted merely due to business reasons.

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Posted by on Jun 27 2013. Filed under Legal. You can follow any responses to this entry through the RSS 2.0. Both comments and pings are currently closed.

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