We recommended that the Family Equity Council develop needs guidelines. The Commission`s draft began in October 2009 to examine the status and enforcement of “conjugal property agreements”. The term “marital property contract” includes not only marriage contracts, but also, unfortunately, “post-marital agreements” (i.e., property contracts between spouses after their marriage) and “separation agreements” that make comparisons between spouses after their separation. As a result, he felt that the government`s final response to marriage agreements should wait until the next parliament to give the new government time to consider our policy recommendations on the matter and the bill. It was agreed with the Ministry of Justice that the scope of the project should be extended to a targeted examination of two aspects of the financial provisions relating to divorce and termination of a life partnership: financial need and non-real property. Sarah Anticoni, partner at Charles Russell LLP, said: “The pre- and post-marriage agreements have now been renamed qualifying marriage contracts. To be binding, these agreements are subject to protective measures to protect the financially weaker party. No document can exclude from the resources of families the responsibility to satisfy the needs of both parties and those of the children. The parties cannot leave their spouse with nothing and expect the state to register the tab. The law will remain as it has been since 1973, with judges having the power to exercise latitude over how resources should be allocated within a family during divorce in order to meet needs.
It seems clear that it will be possible to exclude all claims for compensation or division of previous or non-marital property (inheritance; previous divorce regimes). If the bill is successful, there was much talk yesterday that the Legal Affairs Committee recommends making marriage contracts enforceable. However, the Commission has not confirmed this, which merely says that its report on this subject will be published on 27 February. In the meantime, I thought it might be worth reminding us in advance of what the report will deal with, especially since marriage contracts are only one of the subjects envisaged. This is also an area in which we are different from other countries, such as France, where they have a “common property”. .