Pre-Divorce Financial Agreement

Hello. Parties in a relationship may sign a “financial arrangement” at any time before, during or after a relationship. These agreements are usually signed before marriage (sometimes called a “marriage contract”), but can also be signed during a marriage or after the relationship has broken down. Post-marriage agreements: these financial agreements are similar to those concluded before marriage, but they are examined more carefully by the Court of Justice to determine whether they are fair. If the Court finds that the agreement is not fair, it can be set aside and cannot be executed at the time of the divorce. A post-marriage agreement may also be a separation agreement reached to resolve financial matters prior to divorce. If your spouse can make withdrawals from a joint account without your consent, you may take some or all of the money. They are also jointly responsible for all debts payable in the account. Without lawyers, you may be able to negotiate an agreement between you. However, when it comes to large assets, it is worth taking definitive advice to ensure that your interests are protected.

Support is the money a spouse pays to his or her former spouse at the end of the divorce. It is usually paid when a divorcee does not have the opportunity to provide for her financial needs outside of marriage – a common case is the succession of a marriage in which a single person has had a salary. The fundamental principle is that a financial settlement should be fair based on factors such as the individual needs of partners and the well-being of all children. Very rare. In general, any financial settlement should be fair and give priority to the well-being and needs of all children. Bad behaviour or adultery has no influence. Behaviour can, of course, affect any agreement on who cares for the children and about the authorized contacts. If you have both treated a child as if it were your own, the child is a “child of the family” and you may have financial obligations. The courts will also only agree with your application in cases where the assets are larger than the financial needs of the parties, and it makes a substantial difference to the comparison.

If you are not frank and honest about your finances, you are likely to be unseeded in the future. Transfers of assets between spouses are exempt from any estate debt. As a general rule, this continues to apply to any transfer made after the divorce as part of a financial transaction. If you plan to make your separation permanent, the separation agreement should ideally define the final financial agreement that will be submitted to the court if the divorce or dissolution has finally passed. If you are unable to sign a financial agreement (for example. B your wife does not agree) and as you continue to divorce, you must always negotiate a real estate transaction. Couples are free and must first try to negotiate the division of ownership between them and try to reach an agreement without involving the courts.

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