In California, a couple may waive their property-sharing (co-ownership) rights through a prior contract. [54] The agreement may limit sp assistance (although a court may set it aside in the event of a divorce if it considers the restriction to be unacceptable). The agreement can be used as a contract to make a will that requires one spouse to take care of the other in the event of death. It may also restrict inheritance law in the event of death, such as the right to inheritance allowance, the right to execution, the right to take as a predetermined heir, etc. [34] In California, registered national partners may also enter into a prenup. Post-marriage agreements are treated very differently in California law. Spouses have a fiduciary duty to each other, so pre-marital agreements fall into a particular category of agreements. There is a presumption that the post-parental agreement was obtained by undue influence when a party gains an advantage. Disclosure cannot be abandoned as part of a post-marriage agreement. [Citation required] The best advice to give to the party that wants to maintain the agreement is not to leave England or to let England lose power to oversee a divorce without reviewing the agreement in the light of the other country`s opinion and, if so, enter into a marriage deal in that other country. International marriage agreements are traps for the unwary or ignorant.
They are extremely important to clients, but must be treated with great care by family law counsel. In Germany, there is a great freedom to enter into marriage contracts before and after marriage. Such agreements must be concluded in a public notary office with both parties present, but the parties must not be represented by lawyers before or during the signing of the agreement and there is no need to fully disclose the parties` assets. If you are already separating and have an overseas marriage contract, be sure to seek legal advice as soon as possible to find out if you should try to argue for divorce in another country. You may want to consider creating a prenup, a « marriage system, » a « marital law system » or even an agreement to cover your property abroad in another country. Marital 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.
