Although New York law already defines the distribution of property if a marriage ends in divorce or death, the courts will recognize a valid matrimonial agreement that may differ from how New York law would divide property. The marriage agreement takes control of your state property and property and hands it over to you and your spouse. Part B (3) of Part 236 specifies that these agreements deal with the following issues: ” (1) a contract for a will of any kind or a waiver of any voting rights against the provisions of a will; (2) provision for the ownership, distribution or marketing of separate and marital property; 3. The provisions relating to the amount and duration of support or other conditions of the marriage relationship, subject to the provisions of Section 5 to 311 of the General Obligations Act, and to the extent that these conditions were fair and reasonable at the time of the contract and are not unacceptable at the date of the final judgment; and (4) The care, care, education and sustenance of a child of the parties. “There is no doubt that a provision in an agreement to abolish the obligation to educate a party`s children in public order is abolished.” A marital agreement can raise many questions, including: the provisions of the support agreement were found to be unfair and inappropriate. General Act 5-311 provides that parties to an agreement can discharge each other`s support capacity, provided that neither party can become a public tax. While the Tribunal recognizes that the waiver of the defendant to dependants would probably not make it a public tax, the waiver is not fair and proportionate given the parties` current and future financial situation, which are different. As a result, this part of the agreement, which forgoes maintenance, will be shut down. Even if we want to romanticize the union of two people as a spouse, we must remember that it is essentially a legal contract.
Once you are married, much of your property is branched (or shared, in accordance with state law) and you have other rights and obligations.