Is Prenuptial Agreement Necessary

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    A marital contract, a premarital contract or a pre-marital agreement (commonly known as Prenup) is a written contract entered into by a couple before the breakdown of marriage or a civil union that allows them to choose and control many of the legal rights they acquire at the time of marriage, and what happens when their marriage ends in death or divorce. Couples enter into a written pre-retirement agreement so as not to enforce a large number of national marriage laws that would otherwise apply in the event of divorce, such as laws governing the sharing of benefits and pension savings, and the right to seek support (marriage assistance) with agreed conditions that provide security and clarify their marital rights. [1] A pre-marital contract may also include waiving the right of a surviving spouse to invoke a voting share in the deceased spouse`s estate. [3] Marriage contracts may be cancelled due to the non-disclosure of all assets or the existence of evidence of fraud, coercion, injustice or non-representation at the time of the signing of the agreement. Marital arrangements can preserve family ties and inheritances. The 2014 Report of the Legal Commission on Marital Property accepted the decision in cyclists in general and recommended the creation by Parliament of a “qualifying marriage agreement” that would create a fully binding pre-marital agreement as long as certain requirements were met. The Commission`s recommendations have yet to be implemented. In the past, in England and Wales, marital agreements had not been considered legally applicable in England and Wales for public policy reasons. Lawyers representing international clients are now more likely to recognize that a marriage contract often needs to be developed in a number of potential jurisdictions for its potential enforcement capacity. In most jurisdictions in the United States, five elements are required for a valid marriage agreement:[38] When drafting an agreement, it is important to recognize that there are two types of state laws governing divorce – a fair distribution, practiced by 41 states, and a common property that is practiced in certain variants of 9 states.