A couple considering marriage should consider planning the legal issues of marriage. This often involves merging financial assets, establishing wills and power of attorney documents, and for many, a marriage contract. On the other hand, if you both put little or no debt into marriage or if the idea of a prenup can cause hurt feelings or mistrust, it may be better to give up a pre-marital agreement. 2013 –Tsoucalas v. Tsoucalas, Va. Ct. of Appel, Unpublished, no. 1560-12-1.In of a marriage contract, the parties agreed to share the budgetary costs equally. After the divorce, the husband asked for reimbursement of the cleaning expenses he paid more than fifty percent. The Court of Appeal ruled that the Court of Justice did not have the power to order the wife to reimburse these expenses to the husband. The parties` marriage contract expressly stipulated that each party would keep its own property separate in the event of divorce.
Since any reimbursement by the wife would come from her separated property, the marriage contract prohibited such an injunction. One. A pre-marital agreement is not enforceable if the person against whom enforcement is sought proves that: 1994—Carpenter v. Carpenter, 19 Va. App. 147For pre-judicial agreements concluded before 1 July 1986, the date of entry into force of the Law on Premarital Contracts, the validity will be in accordance with the provisions of Batleman v. Rubin, 199 Va. You can try to find an agreement on custody and visitation of future children, but it is unlikely that your marriage contract will play a significant role in your struggle for custody and visitation in 10 years.
The reason for this is that Virginia courts consider a large number of factors in determining the well-being of the children, and it is unlikely that your marriage contract will carry much weight in this decision. Marriage contracts are a somewhat controversial part of any family law practice. States use the UPAA to draft laws on marriage contracts, and judges refer to this agreement to ensure that no prenup is unethical or ruthless (unjust).