Marriage contracts have long been recognized as valid in several European countries such as France, Belgium, the Netherlands, Germany, Poland, Switzerland, Sweden, Denmark, Norway and Finland. While in some of these countries there are limits to restrictions that courts consider enforceable or valid (e.g., Germany.B after 2001, where the courts of appeal have indicated this), a written and duly initiated contract that has been freely agreed cannot be challenged, for example, by arguing the circumstances in which the marriage was broken or the conduct of a party. In France and Belgium (as in Quebec, which has the same legal tradition), marriage contracts must be concluded in the presence of a notary. In 2015, the U.S. Supreme Court granted same-sex marriages the same legal basis as marriage between couples of both sexes, in Obergefell v. Hodges (ruled 26. June 2015). This effect of the Supreme Court`s decision is that a prenutial agreement entered into by a same-sex couple in one state is fully enforceable in the event of divorce in another state.  Deciding whether or not to sign a marriage contract can be one of the most difficult decisions faced by those involved. This article contains important things to consider when deciding if a prenup is right for you. «Usually, you think of a prenutial agreement as you think of people with significant means of protection,» says Marcia Mavrides, a divorce attorney in Massachusetts. «This is no longer always the case, and in fact, many millennial clients hire Mavrides Law (my law firm) to help them with a prenup to protect them from their future spouse`s student debt and vice versa.
Even though these individuals have significant earning potential, they realize that they should each be responsible for their own student loans. The best part is that these couples discussed their financial situation in detail before hiring lawyers to write a prenup, so there are no unpleasant surprises. Legal and financial experts have different views on the need for a prenup. One thought idea claims that they protect the interests of both parties to the deal and prevent evil and costly court battles when a relationship ends, while some critics say that the wickedness that can arise when negotiating a prenup can cripple a marriage before it even begins, and that there are laws that do a better job in most cases. to balance the interests of both spouses if they separate or if one of them dies. This handy list of pros and cons will help you think when you decide to enter into a prenutial or conjugal contract before you get married. Although a prenup is a binding contract, you can change it in the form of a post-termination contract if your situation changes. Howie warns that each state has its own interpretation and applicability of prenutial agreements, so please contact a licensed attorney in your state if you would like to consider this measure.
Parties can waive disclosure beyond what is provided and there is no certification requirement, but this is good practice. There are special requirements if the parties sign the agreement without a lawyer, and the parties must have independent legal counsel if they restrict marital support (also known as alimony or cossal support in other states). .