One of the biggest mistakes made by lawyers without sufficiently experienced family law is the assumption that preliminary work follows traditional contract law. They do not and couples have to make marital comparisons in according with national relations laws. In the event of non-performance of pre-marital contracts without respect for the conditions, a court will judge whether it is to decide whether the matrimonial agreement is valid, but not limited to full transparency of assets and commitments, whether the terms of the agreement were fair and reasonable at the time of signing the contract, whether the agreement was concluded freely and voluntarily. , and whether each person fully understood what they could give up under the marriage agreement. When a court finds that these conditions are not met, a judge may find that the preliminary decision is invalid and unenforceable. Ensuring that both parties have independent legal assistance in reviewing the terms of the matrimonial agreement helps ensure that both parties have fully understood their rights in the performance of the contract. As our team has 35 years of experience dealing with family law issues, O`Connor Family Law lawyers can explain the do`s and don`ts of marriage contracts and prepare a contract that meets your needs. These agreements can be covered by the Indian Contract Act 1872. Section 10 of the Indian Contracts Act states that agreements must be considered contracts when they are concluded by the free consent of the parties.  Section 23 of the same statute states that a contract may be non-sour if it is immoral or contrary to public policy.  Independent legal counsel refers to the fact that any party with another lawyer explains the terms of the agreement to them and advises them on what is in their best interest.
While it is not normally necessary for parties to a conjugal agreement to have independent lawyers, it may serve as an additional safeguard clause. Courts will be more inclined to abide by the terms of a marriage pact if it is clear that both parties had their own lawyer and that they understood the agreement they reached. No one can tell you if a marriage agreement is right for you and for your situation. People can give you informed advice based on years of experience, but at the end of the day, it`s up to you and your future spouse to decide. However, you should consider a prenup if one or more of the following points apply: As a general rule, a marital agreement, to be deemed valid and enforceable by a court, must meet the following requirements: While marital agreements are sometimes linked to negative feelings such as distrust and lack of trust in marriage, they can also be considered positive. The process of preparing for the conclusion of the agreement is an opportunity for each party to better understand the finances of others and to discuss other important issues related to marriage. [v] In addition, both parties can achieve the peace of mind of knowing that once they enter into marriage, they will be protected if the Union dissolves. Marital agreements provide a roadmap that structures each party`s finances according to a mutually agreed and pre-established plan. [vi] This presentation examines the benefits of marriage contracts, the information that should be allocated to the decision to sign a prior agreement, the provisions to be included and the measures necessary to create an enforceable matrimonial agreement.
With the additional clause feature, you can add your own clauses to cover any issues that LawDepot`s standard agreement does not cover. If you write your own clause, be clear and concise, and write it in a full sentence or paragraph.