What Is A Prenuptial Agreement In Business Law


Of course, no one gets married with the intention of getting a divorce, but it makes sense to consider the possibility, especially if one of you owns or has a share in a business. In the past, in England and Wales, marital agreements had not been considered legally applicable in England and Wales for public policy reasons. A marriage agreement is only valid if it is concluded before the date of marriage. Once a couple is married, they can write a post-marriage arrangement. Unlike all other contract laws, no consideration is necessary, although a minority of courts denounce marriage itself in return. Through a prenup, a spouse can completely waive property rights, support or inheritance, as well as the voting share, and can get nothing for it. The choice of legal provisions is crucial in the prenups. Contracting parties may decide that the law of the state in which they are married governs both the interpretation of the agreement and the division of property at the time of divorce. In the absence of a legal choice clause, it is the law of the place where the parties divorce, not the law of the state in which they were married, that decides matters of ownership and support. These agreements can be covered by the Indian Contract Act 1872.

Section 10 of the Indian Contracts Act states that agreements must be considered contracts when they are concluded by the free consent of the parties. [7] Section 23 of the same statute states that a contract may be non-sour if it is immoral or contrary to public policy. [8] No one wants a divorce – let alone litigation or costly – but a prenup can be particularly valuable if one or both parties own a business. Suppose you started a business five years ago, perhaps before you met your spouse. Do you want this business to become marital property, subject to distribution by the courts in the event of a divorce? Or do you now prefer to work with your partner to develop a plan that determines what happens to the company and has rights to which assets? Include a percentage of the business your spouse would be entitled to in the event of a divorce. The allocation of a percentage to which your spouse would be entitled to the value of the business could prevent the business from being subject to the same sales guidelines as other marital assets. For example, if you have agreed to have him or she get 10% of the value of your shareholding in the company, that is the percentage he or she will receive during the divorce, even if other marital assets are distributed 50/50. Although the courts and posts are not legally binding in the British courts, the court will take this into account when deciding on the financial equalization of divorce if it is done properly. These agreements can strongly influence all court decisions as long as the court is pleased that both partners have entered into the agreement voluntarily and fairly, with full disclosure of their finances and good legal advice.