Marriage » Legality http://marriage.laws.com Marriage- Marriage Counseling, Same Sex Marriage, Marriage License, Common Law, Vital Records Tue, 15 Nov 2016 16:06:17 +0000 en-US hourly 1 http://wordpress.org/?v=4.1.18 6 Things You Must Know About Statute of Frauds http://marriage.laws.com/prenuptial-agreement/legality/statute-of-frauds http://marriage.laws.com/prenuptial-agreement/legality/statute-of-frauds#comments Fri, 03 Apr 2015 14:01:58 +0000 Statute of Frauds Defined:

•    The statute of frauds specifically refers to the requirements that certain kinds of contracts or binding agreements be memorialized in a formal writing, with sufficient content to evidence the affirmation of the contractual agreement. The statute of frauds is a legal code, which governs and regulates the legality issues associated with contractual agreements between individuals or entities.
•    In a traditional sense, the statute of frauds requires the delivery of an affirmed contractual agreement in the following circumstances:
1.    Contracts in consideration of a union, such as marriage. This provision also covers prenuptial agreements.
2.    All contracts which cannot be performed within one year of affirmation. Contracts of indefinite duration; however, do not fall under the statute of frauds regardless of how long the performance takes.
3.    Contracts for the transfer of an interest in real property or land require the delivery of an affirmed contractual agreement. This specific category within the Statute of Frauds applies not only to a contract to sell the land, but also to any other contract in which an interest in land or the tangible land itself.
4.    Contracts administered by an executor of a will to pay an obligation or a debt of the estate with its own assets.
5.    All contracts used to establish an agreement for the sale of goods involving a purchase price of $500 or more are regulated by the Statute of Frauds.
6.    Contracts where one party becomes a surety (individual or entity who acts as the guarantor) for another party’s debt or other obligation.

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What are the Prenuptial Laws of Other Countries http://marriage.laws.com/prenuptial-agreement/legality/laws-of-other-countries http://marriage.laws.com/prenuptial-agreement/legality/laws-of-other-countries#comments Fri, 03 Apr 2015 14:01:08 +0000
Traditionally, couples entered into marriage with the intent that the union would last throughout their lifetimes. In fact, many include the phrase, "until death do us part" in their wedding vows. Many people are against divorce.
Many couples also believe that prenuptial agreements can put their marriage in jeopardy. For example, they may think that by planning for a divorce, the event is more likely to occur. If they have a prenuptial agreement in place, they know what to expect in the event of a divorce. While some couples find that comforting, some find it to be disheartening. 
Many people claim that the implicationsoppose prenuptials, claiming that these agreements can put a marriage in jeopardy. In fact, there are those that believe discussions about what will happen in the event of a divorce, make couples comfortable and accepting of the idea of ending their marriage before it has even begun. In other words, people believe that planning for an event, makes it occur eventually. 
In this case, people assume that prenuptials assure that a couple will divorce. In fact, the opposite is true. Prenuptial agreements tend to bring couples closer together because they have openly discussed what they expect from each other. 
In reality, couples that discuss prenuptials, have begun honest and open discussions regarding their beliefs about marriage and what it. There are some countries that have simple laws regarding prenup contracts and others that do not. While most of the 50 states, have similar laws regarding prenup contracts, other countries do not make the process quite so simple.
For example, two United States citizens that get married in another country, could have difficulties in having their prenup contracts enforced. The country where the wedding was registered and took place, will undoubtedly have laws that apply to the prenup contract.

These laws can conflict with the laws of the homeland of either spouse. In the United States, prenup contract rules are spelled out rather clearly and couples are basically protected as long as attorneys review the contract.  However, the process can get rather complicated in many other countries.
For example, prenup contracts are not recognized at all in some countries. The U.K. does not recognize prenup contracts but the courts do uphold them on occasion. The Church Of England follows the same precepts on marriage as the Catholic Church; they believe that a prenup undermines the idea of marriage by assuming that a divorce will occur. The church believes that planning for divorce goes against public policy that holds marriage as a permeate sacrament of the church. 
However, the courts in the U.K. have disagreed on occasion and have sometimes upheld the provisions of a prenup contract. The United Kingdom in one of the few countries in the world that still holds that prenup contracts are contrary to public policy. 

However, the courts in the United Kingdom seem to be changing their policies and regularly uphold the provisions of prenup contracts. Many Countries have recognized that marriages frequently end in divorce, and have allowed individuals to protect their financial rights in the event of a divorce.
There are also countries that have matrimonial regimens which protect property in the event of marriage and/or divorce. In this case, the couple decides on a regimen before entering into marriage. They may choose to share property or to individually own it. These regimens occur during the marriage and in the event of divorce. 
In this case, divorce means that no change of ownership for property takes place. By agreeing to a matrimonial regimen before the marriage, couples can avoid any dispute as to who gets what property in the event of divorce. In addition, individual  property may remain so during the marriage. In most cases, couples can also have a prenup contract that will outline additional issues such as alimony.
Most countries laws allow for prenup contracts and/or matrimonial regimens. However, they are often reviewed on a case by case basis. Even though the United Kingdom does not formerly recognize a prenup contract, they frequently uphold the provisions contained in contracts. 
It seems that divorce rates are increasing worldwide and laws are keeping up with those statistics.  In essence, courts worldwide are recognizing the need for couples to have prenup contracts before they get married  and they are frequently enforcing those contracts.

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Legality Overview http://marriage.laws.com/prenuptial-agreement/legality/legality-overview http://marriage.laws.com/prenuptial-agreement/legality/legality-overview#comments Fri, 03 Apr 2015 14:01:08 +0000 There are many factors that can effect the legality of a prenuptial agreement. Couples should consult their respective attorneys to go over state and federal laws that may apply to their circumstance. In addition, if they get married in another country, they will want to be sure that those laws do not conflict with their local laws.

A conflict of laws can cause difficulties should the contract need to be enforced. In addition, couples will want to be sure that their prenuptial agreement has strong language as to avoid any confusion about what was meant when they wrote the contract. Unclear or ambiguous language can make the contract difficult to enforce.

Also, couples will want to be sure that the prenuptial form contains only clauses that are legal. Any time a written contract contains illegal clauses, there is a chance that the whole contract will be invalidated by the courts. The contract must be in writing and it must be signed willingly by both parties. Preferably, the signing of the contract will be witnessed by parties in the legal system, such as lawyers or a notary public.

State versus Federal Laws

Most state's laws regarding prenuptial agreements are similar. Prenuptial laws are pretty standard throughout the United States. In some cases, there may be differences regarding what each spouse is entitled to by entering into marriage. For example, some states automatically allow for shared assets and property, once the couple is married.

In this case, a prenup would be necessary to obtain and hold onto, individual property rights once the marriage has taken place. In addition, a post nuptial agreement may allow for a spouse to have individual rights over the assets of a business or career started after the marriage took place.

While each state may have individualized rules regarding rights of marriage, most state courts will uphold any prenuptial agreement that is legal and reasonable. However, courts can easily override a prenuptial agreement that does not abide by strict standards. They will not uphold any contract that is not in writing, unless both parties agree to the clauses. Courts will certainly not uphold any contract that is deemed unconscionable.

In other words, they would not withhold all assets from one individual in order to award them to another. They would not allow one individual to take every single asset.

Laws of Other Countries

Many countries will legally uphold prenuptial and post nuptial agreements. However, each country will have its own laws regarding what constitutes a legal clause and what is not allowed in the contract. For example, some countries may allow for custody issue clauses in a prenuptial agreement. However, the United States forbids custody issues from being outlined in a prenuptial agreement.

In the United States, issues of custody and any issues regarding children, will be decided by the courts for the best interest of the children. U.S. courts will not award custody based on a prenuptial agreement alone. However, some countries allow for custody issues to be determined before the children are even born. There are also countries that do not legally allow for prenuptial agreements, but sometimes uphold them anyway.

For example, the United Kingdom has traditionally held prenuptial agreements to be in conflict with the rules of their society. However, the courts there have upheld many prenuptial agreements, regardless of public policy. Each country will have its own rules regarding prenuptial agreements and divorce.

Couples should consider the laws or their country of residence, as well as the homeland of their spouse. Also, couples that get married in another country, should consider the laws of that country, in case they conflict with the laws of the U.S.

Strength of the Agreement

The strength of an agreement is based on several issues. Each clause in the contract, must be clear, concise and legal. If any illegal clause is located in the contract, the entire contract may be invalidated by the courts. However, if a contract is clear and concise, it can protect each spouses interests.

In fact, alimony and property have been denied to spouses because of the strength of a prenuptial agreement. While couples want their prenuptial agreements to be strong, they also want to consider the finality of the contract before signing it. While judges will invalidate unfair contracts, they will uphold strong contracts that are clear and concise. Each spouse should consider the realistic implications of each clause and be sure that it will not adversely effect them in a way that prohibits their financial survival.

Purview of Prenup

There is a small list of issues that may be legally included in a prenuptial agreement. The list includes division of property and assets. For example, a couple may have a clause that divides all assets equally in the event of a divorce.

This clause would probably be held valid and legal by the courts. However, if a couple were to have a clause that gave all property to one spouse in the event of a divorce, the court would likely invalidate the prenuptial agreement. While alimony issues may be included in the contract, they cannot be excessive or forbidden. For example, a court may negate a contract that says a wife cannot collect alimony.

The courts may override an alimony clause because the wife has stayed home throughout the marriage in order to raise the children. The court is likely to award an amount equal to the salary she would have made in the workforce. Even if clauses are legally allowed in a prenuptial agreement, the court may overrule them.

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