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.