بازار خرید و فروش انواع پارچه | پارچه سرا قیمت، خرید، فروش انواع پارچه
To be valid and enforceable, post-uptial contracts must meet at least the following basic requirements: Post-uptial contracts may also provide for custody and alimony of minor children in the event that the marriage ends in divorce or legal separation. However, this is an area where state law may restrict the provisions of a post-marriage contract. Some state laws state that post-marriage contracts that attempt to restrict or restrict child support or custody are considered unenforceable. A few months after their wedding in 2016, Pennsylvania couple Krista and Ben did something that a small but growing number of Americans are doing: they signed a post-marriage contract. Krista came up with the idea. “The hardest part was the short period of time between the moment I had the thought that maybe we should have a marriage agreement and the conversation. I was scared in my head – what if it was funny? ” she recalls. “But Ben was great on board.” In California, post-nups are widely accepted when it comes to deciding what is matrimonial property and what is separate property — but not spousal support, which is sometimes the money one spouse pays to another after a divorce. That`s because support is seen as something a court must decide in accordance with state law, says Steve Mindel, a Los Angeles-based family law attorney and partner at Feinberg, Mindel, Brandt & Klein. “He kept saying, `Well, my mom would feel more comfortable,`” recalls Suzanna, who declined to give her last name for confidentiality reasons.
The lawyer for her husband`s family drafted an agreement. At the time, Suzanna was a university teacher and didn`t have the money to pay for her own lawyer. “They paid for my lawyer. The lawyer looked at him and said that everything was fine, that there was nothing to fear,” she recalls. In exchange for an agreement that the inherited business and any future assets that might flow from it would not be considered matrimonial property in the event of divorce, Suzanna post-Nup offered a cash sum that was paid over a period of time. “I think it was $20,000 as a kind of `signing bonus,` if you will,” she says. She used the money for credit card bills and household expenses. Other reasons why married partners may choose to sign a post-marriage contract are: When asked if there is anything she would have liked to have done differently during post-nup negotiations, she says that an “emotional opinion” is important, perhaps as important as objective legal advice. “If I could, I wish I had called someone who had a post-nup and said, hey, did it come back to bite your butt? Did you feel that was right? And just listen to some kind of more personal narrative about it. I think that would have been useful information.
One thing that motivates this is undoubtedly the fact that prenuptial agreements are generally less stigmatized. A generation ago, it was easily outrageous to ask for a pre-nup (unless it was plentiful). But don`t you love your fiancée?! Now, thanks in large part to people getting married later in life – after owning a business, pension fund or even a house – pre-nups are commonplace. As with buying travel insurance, that doesn`t mean you don`t enjoy your vacation. Sometimes couples sign a post-nup after infidelity or a serious breach of financial trust – like a spouse with a secret gambling addiction betting on the couple`s assets. In such situations, a post-nup may try to protect itself from future breach of trust by transferring ownership of the assets to the injured partner. “I call it the Beyoncé clause,” says Amy Saunders, a family lawyer who practices in Dedham, Massachusetts, a suburb of Boston. “Post-marital agreements provide tools that a court cannot. And maybe you need it to stay in a relationship. You should know that there will be a substantial reason not to cheat. Post-term contracts usually address one or more of the following concerns: A post-marriage contract is basically the same as a prenuptial agreement, except that you and your spouse enter into it after you and your spouse are already married, rather than before your marriage. In a post-marital contract, you and your spouse disclose to each other all the money and property you currently own, both separate property and matrimonial property.
Next, state the rights and obligations each of you will have during the marriage, including how you will divide your money and property in the event of a divorce or death of one or both of you. Postnuptial contracts generally contain the same types of provisions as marriage contracts. The main difference is that marriage contracts are concluded in return for marriage (in advance), while marriage contracts are concluded after the couple is already legally obliged. Similar to a prenuptial contract, post-uptial contracts allow a couple to ease tensions caused by financial concerns. The conclusion of this type of contract allows the spouses to determine an equitable distribution of property upon dissolution of the marriage. While laws may vary from state to state, there are five basic elements of a post-marriage contract: Courts in some states, such as New Jersey, have ruled that a post-nup must be “fair and equitable” for both spouses, both at the time of signing the agreement and at the time of divorce. But other states, including New York, require that a post-nup not be “unscrupulous.” In these states, simple injustice is not on its own basis to overthrow a post-nup. “Since this is a contract between spouses, we pay attention to good faith and fairness,” says Tom Kretchmar. This is because the spouses have a fiduciary duty to each other. “But that certainly doesn`t mean you can`t get into a post-nup that`s more favorable to one of the spouses, or to be honest, much cheaper for one spouse than for the other.” When her husband`s family came up with the idea for the post-nup, Suzanna had mixed feelings.
“On the one hand, you know, it wasn`t my intention to take anything away from him or negatively affect the value of his legacy,” she says. At the same time, she couldn`t help but think “as if it was a vote of confidence that they thought we weren`t a strong couple.” This feeling was reinforced by Suzanna`s feeling that, because she and her husband were married under Kansas common law laws — they had signed an affidavit of marriage at the birth of their son — in the eyes of her husband`s family, “the fact that he and I had not married in a Catholic ceremony, meant that it was not “legitimate” in their religious view. Since each couple`s financial situation and life situation are different, there is no single answer when it comes to determining whether or not you should sign a post-marriage contract. The best decision for you depends on your own financial situation. “It`s interesting to see how often people – even those who have a lot of money – think they can tackle these types of contracts without having a lawyer,” Kretchmar says. But a post-nup is different from an ordinary contract. A lawyer will accompany and advise you throughout the negotiation process and help you ensure that your post-nup resists the laws of your state for the benefit of both spouses. Marriage contracts are quite common among wealthy individuals, especially in “community property states” where matrimonial property is divided in the middle after the dissolution of a marriage. They are also used in situations where one party wants to protect a family business, avoid taking over the other party`s debts, or clarify financial responsibilities during the marriage. A marriage contract is a contract that was concluded before the marriage and usually takes effect at the beginning of the marriage.
It specifies the property rights of both parties in the event of divorce, lists the separate assets they bring into the marriage, and may establish conditions such as a waiver or restriction of spousal support. Although New York law already determines how property is to be divided in the event that a marriage ends in divorce or death, the courts recognize a valid postal marriage contract, which may differ from the division of property in New York law. The post-uptial contract takes control of your assets and assets away from the state and puts them in the hands of you and your spouse. New York lawyer Kretchmar says the power of a post-nup should not be underestimated to get a marriage back on track. “It`s pretty amazing to see that once you`ve finally solved the financial issues and financial difficulties between the parties, they find a way to turn their attention to everything else.” “Transmutation is not a binary thing,” Kretchmar says. “It`s about whether a spouse has developed a claim on the assets. A year in which he contributes to mortgage payments does not mean that one of the spouses is a direct co-owner of the house. But if it appreciates by $100,000 this year, they could own some of that appreciation, according to one assessment. “And if one of the spouses can`t afford to buy the other`s share, divorce could force the sale of that asset – also known as saying goodbye to the cottage you wanted to pass on to a fourth generation.
Instead, Kretchmar says, you sign an agreement that says, “I love you, I`m not trying to fool you with anything, but this asset will remain separate property, not matrimonial property. However, marriage and post-marriage contracts generally do not contain provisions on the maintenance and custody of children. California law protects both parties with strict requirements for signing and interpreting prenuptial agreements, including the requirement that a draft final agreement be submitted at least seven days before signing. It is best if each party has its own lawyer. Due to their complicated financial lives, celebrities and the very wealthy relatively often sign post-nups – although it is generally only publicly known that a high-level couple has a post-nup when they divorce. .
