What should not be included in a prenuptial agreement
By law, a marriage contract cannot regulate personal relationships between spouses that do not concern property. In addition, it must not infringe on anyone's rights or contradict family law. For example, a marriage contract cannot include conditions on who will keep the children after a divorce, what share the wife's mother will receive (the terms of the contract do not apply to third parties), whether the husband will pay compensation if he cheats, and much more.
In what case can a marriage contract be declared invalid?
A database is considered invalid in two cases:
If the conditions are contrary to the law and infringe on the rights of one of the spouses, then he/she can go to court and have the BD declared null and void.
If a marriage contract was concluded to deceive uk business email list creditors. In this case, the marriage contract was concluded within three years before or after the court accepts the application for declaring the debtor bankrupt.
Types of marriage contracts
There are three main types of databases.
The full joint form of ownership is established.
In this case, during a divorce, everything is divided equally. Moreover, premarital property, property received as a gift, and all debt obligations are recognized as joint property.
The next type of BD provides for joint ownership of only those objects that were acquired during the marriage. This is probably the simplest and least controversial option.
There is also a type of contract that defines a separate form of ownership. That is, specific names are indicated, or the property is recognized as the individual property of the partner to whom it is actually registered. This format of agreement maximally protects the rights of the parties and saves one spouse from losses associated with claims for credit obligations in relation to the other.
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