The opposite effect of the application of marital and post-uptital agreements is to “break” these agreements at the time of divorce because they are somehow unacceptable. Well-made marriage and post-ascending agreements can be difficult to set aside, but it can be done under the right circumstances with a competent lawyer to represent your interests. These agreements describe in writing what will happen in the event of the couple`s end of marriage, whether through divorce or the death of a spouse. It can identify what is going on with the couple`s fortune, how much one party will pay the other in marital support and how long, and even deduct what the surviving spouse will receive in the event of the other spouse`s death. Divorce and succession disputes can often involve a family business. The question often arises as to whether the increase in the value of a business interest is subjective, even if the commercial interests were acquired by gift or estate before the marriage or after the marriage. This is why competent family entrepreneurs often insist that their children invoke the protection of a marriage. While it is not clear whether such an agreement can protect the financial affairs of a family business from the invasive discovery process that is often accompanied by a national procedure, a marriage agreement can help prevent a business from disrupting a business in the event of divorce or death. Pre-marriage agreements can reduce the financial and emotional costs of a future divorce.
At least one in two marriages ends in divorce, often accompanied by a lot of stress, arguments and uncertainty. By including a pre-marital arrangement in preparation for marriage, couples, young and old, can determine what will happen if the union does not work at a time when their feelings are most generous towards each other, rather in the midst of anger and bitterness. As a general rule, marital agreements are privileged and applicable under Missouri law. To be applicable, a marital agreement must be based on full disclosure of all relevant facts between the two parties that enter into the agreement. Both parties must fully understand what they agree and both parties must act in good faith. Moreover, the agreement itself must be fair and reasonable. In other words, a court will not approve a marriage contract simply because both parties have agreed to the terms – those conditions must be fair. The decision whether or not to have a marriage is a delicate matter. Added to this are many misunderstandings and confusions about the process.
While the lawyer cannot give an iron guarantee that a marriage agreement will withstand a future challenge, these agreements serve a very useful purpose and are often confirmed by the courts. A person who makes a marriage agreement may take certain practical steps to increase the likelihood that a marriage agreement will be implemented. First, the parties should allow enough time before the wedding to finalize the details of the agreement – the longer the time between signing and marriage, the better. In addition, each party must make full financial disclosure and should be advised by an independent advisor specializing in matrimonial and estate law. In addition, recalling the signing of the agreement by the videotape or a court reporter can help defend against subsequent allegations of fraud, coercion, coercion or lack of understanding of the conditions.