A post-Herzegovina contract is a written contract concluded after the marriage of a couple or the conclusion of a registered civil partnership to govern the affairs and property of the couple in the event of separation or divorce. It can be “notarized” or recognized and may be subject to the Fraud Act. Like the content of a marriage contract, the provisions vary widely, but often include provisions relating to the division of property and spousal support in the event of divorce, death of one of the spouses or dissolution of the marriage. Since the prospect of giving your fiancé a prenup before the big day may seem contrary to the concept of a lifelong commitment, couples who can benefit from such an agreement are likely to avoid the topic. However, after the honeymoon, one or both people may choose to reconsider these provisions. Even a couple who have signed a prenup can decide to cancel it after the wedding and accept new terms through a postnup. Post-term contracts generally address one or more of the following concerns: A subsequent contract is valid and can be executed as long as it protects you and your spouse and has been entered into with full and fair disclosure of all the assets of you and your spouse. The contract must also be executed and confirmed with all the formalities required to register a title deed. Beyond the basics, there are a few other issues that most post-termination agreements deal with. First, the agreement sets out what happens to matrimonial property in the event of the death of a spouse. This is important because a surviving spouse may waive certain property rights that they would otherwise inherit. Second, a post-secondary education contract sets out certain terms agreed to by both parties prior to a separation. By agreeing to these terms in advance, both parties can avoid the time and cost of divorce proceedings.
The disposition of property, other matrimonial property, custody, maintenance and others, etc., are agreed by the spouses in the event of separation. This part of the agreement is usually included in the final divorce decree. A post-ownership contract will also seek to establish the rights of the spouses in a future divorce. These agreements do not only deal with matrimonial property; They often limit or waive the payment of alimony. In Canada, subsequent agreements are permitted and, in fact, most provinces have laws that explicitly authorize them. [Citation required] However, the courts subject them to more rigorous legal scrutiny than marriage contracts. The reason for this is the legal theory that neither spouse has any legal rights before marriage, so one of the spouses does not renounce anything by signing a marriage contract. [Citation required] Once married, however, various family rights emerge. So when you cancel a contract, you`re giving up rights you already have.  “We agreed so strongly on the desire for a marriage contract that it was, `Okay, it was easy, it`s done,`” Ben says.