A marriage contract is a favourable legal contract between two parties in matters of matrimonial rights and obligations. People essentially accept the terms of the agreement in exchange for entering into a marriage. It is sometimes called „pre-marital agreement“. A contract of succession is the same type of contract, only the parties execute it only after their marriage. The agreement is ruthless or unfair: these definitions may vary from case to case depending on the facts and circumstances. The courts in New Hampshire and, in general, all U.S. courts specifically look at marriage contracts. The Marriage Contracts Act continues to develop and often these agreements are invalidated upon divorce or death. You should consider a marriage contract as a good instrument to protect your property in the event of divorce, but also be aware that the validity of a marriage contract is likely to be challenged during divorce. The short answer is absolutely 100% yes, you need a lawyer to draft a marriage contract.
I have no problem advising my clients to solve certain problems themselves to save money. A marriage contract is not one of these subjects. The law surrounding marriage contracts is very complex and requires the document to be very specific conditions. Any minor error or the inclusion/exclusion of a given clause may render the entire agreement unenforceable. Even marital agreements written by lawyers always end up being unenforceable. This is not a task you should consider yourself. A well-crafted marriage contract gives security to the spouses. Such an agreement can determine most of the husband and wife`s financial obligations during marriage or in the event of divorce (with the exception of those relating to children), eliminating insecurity, litigation, and costly, lengthy, or hostile divorce proceedings. Without a marriage contract, in the event of death, an estate cannot be distributed according to the will of the deceased. For example, an inheritance could be cancelled by a spouse who is entitled to a larger share of the estate.
In the case of a divorce between parties without a marriage contract, disputes over maintenance obligations, which must be included in the marital succession for the purposes of the division of matrimonial property, the valuation of property, the percentage of marital property to be allocated to each party and other matters, are frequent. Often, a third party, whether it`s a judge, a parent acting under a power of attorney or an executor, has to make decisions that the spouse would prefer to make. Marriage contracts allow spouses to control these events. New Hampshire law has long recognized marriage contracts entered into in New Hampshire or other states. The courts have only recognized the validity of future agreements in one case that was decided in 2013. . .