Prenuptial agreements

Prenuptial agreements

Given the complexity of the personal, economic, and work-related realities of each spouse, together with the sometimes stressful situations which are created in cases of separation or divorce, it is advisable to sign a prenuptial agreement. Here, the conditions that would apply to a hypothetical separation, divorce, or break-up of a relationship are established in advance and by mutual agreement. Issues including child support payments, how the custody of the children would be shared, the division of the couple’s property, and any other details that the spouses believe are necessary to have in place in order to facilitate a process which would otherwise prove extremely traumatic, costly, and lengthy for both parties, can be set out in a prenuptial agreement.

The best known aspect of prenuptial agreements is the selection of an economic matrimonial regime, either of acquired property or separation of property. However, what can be agreed or established in prenuptial agreements extends far beyond this and may also include areas such as:

  • Division of marital property in the case of separation or divorce
  • Establishment of child custody in the case of divorce
  • Child visitation schedule
  • Maintenance and child support payments
  • Anything the spouses believe is necessary to have in place

Prenuptial agreements should be mandatory for all couples given that they avoid conflicts in the event that the couple choose to end their relationship. The cost of granting a prenuptial agreement is minimal when compared to the cost of a separation or divorce in which economic conditions and child custody have to be negotiated.

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