Someone might not want to sign a prenup if she has much less property than the other spouse. They may not want to lose the ability to try to obtain some of these assets or assets in the event of a divorce. A marriage is a form of protection for both parties who marry. A marriage pact can protect your funds and assets that you hold before the marriage is concluded. A prenup can also define the amount of debts each person may owe before marrying and make each person responsible for these amounts. In the event of an unhappy divorce, a prenup can be extremely helpful, as it is an agreement on many key issues that should be defined in the context of a divorce. Often, a marital agreement helps relieve tension and conflict in the context of a divorce process. It is often helpful to protect former children if you die without a will. In several European countries such as France, Belgium, the Netherlands, Germany, Poland, Switzerland, Sweden, Denmark, Norway and Finland, marriage agreements have long been considered valid. While in some of these countries, limits apply to restrictions enforceable or valid by the courts (for example. B Germany after 2001, when the appelncies courts indicated it), a written and duly initiated contract, which was freely concluded, cannot be challenged, for example by arguing the circumstances in which the marriage broke down or where the marriage reigned.

In France and Belgium (as in Quebec, which has the same judicial tradition), marital agreements must be concluded in the presence of a notary. In drafting an agreement, it is important to recognize that there are two kinds of state laws that govern divorce – a fair distribution, practiced by 41 states, and co-ownership, which is practiced in some variants of 9 states. An agreement written in a state of Community property cannot be intended to govern what happens in a fair distribution state and vice versa. It may be necessary to retain lawyers in both states to cover the eventual case where the parties may be living in a state other than the one in which they were married.