While your marriage pact may be in place to protect both parties if the marriage fails, it can have serious consequences on how your property is treated after your death. In this article, hentys Lawyers` Wills-Estate team explains how a marriage agreement can affect your willpower. When a party dies without a will or will, a court follows the state`s intestinal laws to determine how the deceased`s property should be distributed. However, if the deceased has entered into a marriage agreement, the estate court may enforce the terms of the marriage agreement. The courts use Intestacy`s laws to resolve an estate if there is no other agreement. Since the marriage agreement is a contract between the parties, the court could consider the terms of the agreement rather than applying the state`s bowel laws. A will is a written document of a person indicating how they want their property to be treated after the person`s death. Unlike marital agreements, wills are specifically related to the event of the death of the person who wrote the will. But the will concerns only the person who wrote the will, unless the will is a common will. According to the latest statistics from the Australian Institute of Family Studies, about one in three marriages in Australia ends in divorce. These chances are not great for couples who start their married life together, which is why a marriage can be a valid consideration for many couples.
While a will is a necessity, regardless of your personal circumstances or wealth, it is often assumed that marital agreements are only necessary for the rich and celebrities. But that is not true. When a marital agreement and a final will are in conflict, marital agreement is often a priority, but the decision is in the hands of an estate court. A conjugal agreement, commonly known as Prenup, is an agreement reached by two parties prior to their marriage. It usually deals with the distribution of real estate in the event of a divorce. If the terms of a conjugal agreement conflict with a will and final will, an estate court carefully considers the terms of the marriage agreement. The court will probably find that the terms of the marriage agreement prevail over the terms of a final will and will. If you have questions about wills, estates or marriage contracts, you should contact a lawyer. An experienced family lawyer can tell you the relevant laws in your state and know how they would affect you in different situations. However, certain events may offset the legal benefits of a marriage agreement over a will. For example, if you get married, it`s very helpful to have a marital agreement – even if you don`t have a lot of assets.
You can contact a family lawyer or consult an online service provider for assistance in the development of a marriage agreement. However, a marital agreement can be used to bequeath your spouse. An agreement that defines what is in each spouse`s event of death is binding and would allow you to distribute your assets and assets to whom they can distribute themselves.