Can A Prenuptial Agreement Prevent Alimony

Prenups do not give credit to the less deprived woman to raise children and sacrifice employment opportunities to ensure the household. What can happen is that the wife has children, takes care of the house and has a limited career, while the husband spends much of his time earning money. In some agreements, he may spend most of his time developing and increasing his separate property protected from it, while devoting all their efforts to marriage. This is a very destructive situation. In addition, prenups disrupt the balance of power in a marriage and often give the financially endowed spouse the power to decide what he wants regarding the division of property with the less financial spouses and letting this spouse control all the financial and business decisions that a couple usually shares. A prenup cannot contain personal preferences, for example. B who has what tasks, where the holidays should be spent, what name should be used, details about the children`s education or the relationship to have with certain parents. Marriage contracts are designed to tackle financial problems. Any vision that discusses non-financial matters is not maintained. Judges feel uncomfortable when they see private domestic matters contained in a contract, and often consider the document frivolous and hit it.

If you and your spouse want to have an agreement on these kinds of things, do so in a separate document with which the court does not have the power to intervene. Lawyers who make marriage contracts typically come from three lines of business: business lawyers, estate planning lawyers, and family/divorce lawyers. There is a culture around the organization of marriage contracts, which has developed mainly due to the fact that they are designed (and initiated) by lawyers representing wealthy individuals (or wealthy relatives). If you look at the literature on the Internet, with the exception of my articles, they are positive and unambiguous for marriage contracts as a way to “reduce risk”. This is their only focus, not on thoughts about supporting or promoting the impending marriage. I think he is not a good lawyer. Ask the lawyers they design for their clients to the money if they have one themselves. The vast majority do not. The old phrase “what is good for the goose is good for the Gander” comes to mind.

5. Lawyers who advance marriage contracts for first marriages have no sensitivity to the destruction they cause. There are a few reasons why a marriage contract can be invalidated by a court. This article looks at five reasons why a prenup may not be applicable. For some strange reason, draft marriage contracts from downtown companies (copied slavishly by lawyers who design them for wealthy spouses) offer no inheritance tax.