But if we dig a little deeper, the Indonesian civil code provides for a special provision on the division of property during marriage. The Postnup is a product of the old Civil Code. He`s been here for decades. Some couples have therefore used these provisions in Les Ceinern. It is right that the Postnup is not as popular as its related document, the Prenup. In my opinion, post-nup is like a good wine. It is kept in the dark until it is mature enough to become something you would like to dine with. The couple is aware that the fact that they created their own post-nup, without lawyers, can make them vulnerable if one of them were to challenge it in divorce proceedings. „I`m pretty confident,” says Krista, „but it`s mostly based on the knowledge of Me and Ben. We are not in conflict. If they change their agreement, they will „definitely” hire lawyers, says Krista. A prenup can also protect all income or property you earn during the marriage, as well as non-meridity income from a bequest or fiduciary distribution. Without Prenup, you may be required to pay child support to your ex-spouse.
However, with a prenup, you can preterminaize or even eliminate a certain amount of Aimony. Sometimes, after an infidelity or a serious breach of financial trust, couples sign a post-nup – like a spouse with a secret gambling addiction, which stuns the couple`s fortune. In situations like this, a post-nup can try to protect against future betrayals of trust by entrusting ownership of assets to the wrong partner. „I call it the Beyoncé clause,” says Amy Saunders, a family lawyer who practices in Dedham, Massachusetts, a suburb of Boston. „According to marital agreements offer tools that a court cannot. And maybe you need that to stay in a relationship. You should know that there is an essential reason not to cheat. It is important to note that courts look at postnups more closely than prenups. Since postsups are entered into by spouses (who have a higher duty than the bridegrooms), judges will check these „contracts” with a little thin-toothed and expect the spouses to have given themselves complete information about their finances before signing the agreement. In the recent Supreme Court decision, Ansin/Craver-Ansin set out five factors: That a court should consider in assessing an agreement under the agreement: 1) whether each party had the opportunity to follow an independent lawyer, 2) if there was fraud or coercion in obtaining consent to the agreement; 3) whether all assets were fully disclosed prior to the implementation of the agreement; 4) if each spouse knowingly waived his or her rights to share assets and stop divorcing and 5) if the terms of the agreement are „fair and reasonable”.
Many critics argue that negotiating a marriage deal before your marriage is wildly unromantic, and the uncomfortable process can make a marriage fail before it begins. However, Prenups supporters point out that in the event of a divorce, these agreements can save a lot of trouble, not to mention money, especially if it`s not their first marriage. When a couple decides to split up, prenups can avoid long-term and overly costly legal battles. As everything is already stipulated in the agreement, everyone knows exactly who gets what and there is no room for arguments. First of all, a post-up is not a backdated prenup. It is signed and dated after your wedding.