A certificate of life is a contract between people who live together but are not married. A “marriage contract” is essentially concluded between people who are not married. It was designed to deal with ownership issues in case the parties separated. Child custody agreements are not enforceable as they are considered to be in the best interests of the parties and not of the child. It is up to the party who claims otherwise to prove it to the courts (TQ v TR). The main concern of the courts is the best interests of the child. The courts are empowered to vary the terms of pre-marital and post-marital custody agreements (see 129 WC). The decision on a concubine`s contract depends on the couple. This can be if they move in together or have a child in common, or if they decide they don`t want to get married. The first step is for a couple to openly discuss who owns what, how they organize their finances, and how assets should be distributed if they separate. If they then opt for a concubine contract, couples should seek independent legal advice. 3.3 Can conjugal agreements cover a spouse`s financial rights in the event of divorce, for example? B to maintenance or compensation, or are they limited to the choice of matrimonial property regime? Can they manage children`s financial rights, for example? B child maintenance)? As in the U.S.
jurisdictions that have preserved it, this type of marriage can be difficult to prove. It is not enough that the couple lived together for several years, but they must have been generally considered husband and wife. Your friends and neighbors, for example, must do it as Mr. and Mrs. They knew like this (or at least they had to think of themselves as their neighbors and friends as Mr. and Mrs. So-and-so). Like American common law marriages, it is also a form of legitimate marriage, so people cannot be a common law spouse or a husband and wife cohabiting with habit and reputation, if one of them was legally married to someone else when the relationship began. This contrasts significantly with the position of a married couple in relation to divorce.
The starting point of divorce is the same division. Non-financial contributions, duration of marriage and children may be taken into account. This provides a level of legal and financial protection that is not available to the couple living together. For the most successful partner, this may be a very good reason to avoid marriage, but pre-marriage agreements are recognized in many countries. Concubibining agreements may also focus on real estate acquired after the start of cohabitation. Whether you choose to retain as common property, transfer or share a person`s property in another way, the purpose of concubine agreements is to make any person understand what the status of the property is….