How To Enforce A Postnuptial Agreement
Although the Committee on Laws has proposed reforms, at the time of the development of marriage contracts, there is no enforceable force but contracts. Similarly, the terms of a marriage contract cannot be applied until the agreement has been turned into a court decision by consent or otherwise. This means that in the event of an irretrievable breakdown of a relationship, a party wishing to enforce the terms of a marriage agreement must apply for a financial injunction in the context of the divorce or dissolution of civil society proceedings. In addition, the marriage agreement can be converted into an enforceable order if both parties agree on their terms – this is called an approval decision and can be dealt with on quick paper work, provided divorce or dissolution proceedings are initiated. A largely erroneous belief is that a marriage contract is legally binding. Under current law, English courts are not required to abide by the terms of a marriage agreement. Therefore, a party wishing to avail itself of the terms of such an agreement should apply its terms in a financial appeal procedure (if the court considers the equitable distribution of assets). The marriage agreement is one of many factors that the Tribunal must consider in deciding the distribution of the parties` finances (in accordance with the provisions of the Matrimonial Causes Act 1973). As with any type of legal agreement, you should only enter into a post-uptial agreement after careful consideration of all the provisions and implications of the agreement.
Here are some of the reasons to think twice about creating and signing a post-uptial agreement. As each couple`s financial image and living conditions are different, there is no single answer to whether or not you should sign a post-uptial agreement. The best decision for you depends on your own financial situation. Most people understand the purpose of a marriage agreement: secure their separate assets (the fortune you put into marriage) before you get married. Many do not know that they can provide the same level of protection after they are married with a post-uptial agreement. A marriage contract is signed before the marriage, while after the marriage, a post-uptial contract is signed. Both documents can achieve the objective of securing the assets that each person brings to the marriage and whether there will be marital support in the event of a divorce. Marital and post-ascending arrangements help streamline the divorce process if the couple decides to pursue separate paths. Marital and post-marriage agreements are contracts and are written and applied as contracts, but there are many very important exceptions to this general rule. Florida courts generally maintain pre-marital and post-marriage agreements (even if these agreements are written and executed in other states or countries) as long as certain conditions are met and the agreement has been voluntarily concluded by both parties.
Whether you want to impose a marriage contract or a post-ascendancy agreement or set aside a marriage contract or a post-uptial agreement, the lawyers of Richard A. Schurr, P.A. have represented many clients in such a procedure. There are several reasons to cancel an agreement, including the fact that the agreement was entered into under duress, fraud or lack of regular disclosure. Given the considerable financial impact of marital and post-ascending agreements, it is essential that you maintain experienced family law and divorce lawyer if you are involved in the dissolution of marriage actions, if you want to enforce such an agreement, or if you are trying to terminate such an agreement. Our divorce lawyers in Miami can help you determine whether you have a valid basis for challenging or enforcing such an agreement and representing you to any extent to enforce an agreement or, if necessary, cancel an agreement.