Matrimonial Agreement

These agreements are increasingly concluded on a “clean rest” basis. This means that they expose the rights of the parties who claim the family`s finances and that they anticipate that neither party will be entitled in the future to the finances of the other parties. As a general rule, each spouse is responsible for his or her own support after a marital divorce. Only when there are particular situations, though. B a spouse cannot work because of custody of the children, that it is mandatory to pay the help of the former spouse. Other reasons for paying for dependent life after marriage include an illness that exists during divorce, the age of the spouse or the lack of appropriate employment opportunities in the labour market. Recently, a movement has developed in some modern Orthodox circles to support an additional marital agreement. This is a reaction to a growing number of cases where the husband refuses to grant a religious divorce. In such cases, local authorities are not in a position to intervene, both for the sake of separation of church and state and because some halachic problems would arise.

This situation leaves the woman in a state of aginut where she cannot remarry. To remedy this situation, the movement promotes a marital agreement in which the couple agrees to file their divorce, should it occur, before a rabbinical court. Post-nuptial agreements are similar to marital agreements, except that they are made after a couple`s marriage. [4] When divorce is imminent, post-uptial agreements are called separation agreements. [5] Pre-marriage agreements may restrict the ownership and support rights of the parties, but also guarantee the right of one of the parties to seek or obtain assistance up to a certain limit. It may be impossible to set aside a properly designed and executed prenup. A prenup is able to dictate not only what happens when parties divorce, but also what happens when they die. You can act as a contract to make a will and/or remove any ownership rights over the property, estate, estate, right to predetermined inheritance and the right to act as executor and administrator of the spouse`s estate. [37] A matrimonial agreement may also dissolve the ownership of joint purchases such as a car or domestic furniture. You can decide with the help of your lawyer what you want to include in the document, provided both parties agree. One of the main advantages of a marriage agreement is that you can agree on these issues without waiting for the divorce proceedings.

A marital agreement is neither binding nor conclusive without full, regular and independent legal advice from each party as to the nature and extent of its rights. Both parties would normally be required to receive such legal advice, and they would sign the agreement in the presence of their lawyer after receiving such consultation.

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