There are a lot of details to consider when planning your wedding. However, a marriage contract (also known as a prenutial contract) should not be left until the last minute. Here`s a list of questions to think about before talking to your fiancé and lawyer about a prenutial agreement. While it`s often helpful to know your own feelings about it before you decide to talk to your fiancé about it: Taxes: Once you`re married, your finances intertwine for tax purposes, unless you agree other than as part of your prenutial agreement. It is important to be clear about your attitudes and opinions regarding the payment of taxes. A few questions you may want to ask yourself: In 2015, the U.S. Supreme Court granted same-sex marriages the same legal basis as opposite-sex marriage, in obergefell v. Hodges (decided on 26 June 2015). This effect of the Supreme Court`s decision is that a prenutial agreement entered into by a same-sex couple in one state is fully enforceable in the event of divorce in another state. [47] You do not need to consult a lawyer to draft a prenup contract, but prenup contracts must be in writing to be legally valid. It is in your best interest to use a prenutial agreement form that has been reviewed by a lawyer, rather than creating one from scratch. Many people use the legal forms of online marriage contracts as the basis for designing their contracts. The 2014 Law Commission report on matrimonial property generally accepted the Radmacher decision and recommended the creation by parliament of a „qualifying marriage agreement“ that would create a fully binding marriage agreement as long as certain conditions are met.
The Commission`s recommendations have not yet been implemented. When couples fall in love and go through the marriage process, the idea of divorce and asset sharing is further away from their thoughts. That is quite understandable. Trapped in the excitement of starting a new life together, it can be hard to imagine a time when you could break up and separate. But the truth is that 40% to 50% of all marriages in the United States end in divorce; and part of planning for the future as a married couple is to consider all eventualities, even those you may not want to think about. .
