Premarital agreements are agreements of an economic nature through which the future spouses regulate, before the marriage, the relationships deriving from the cessation of the civil effects of the marriage. These agreements, frequent in legal systems of a prenuptial agreement law firm in Newport Beach where they perform a profitable deflationary function of family and divorce disputes, are, in the system, generally considered to be affected by nullity.
These agreements are considered invalid due to the illegality of the case, as they are in contrast with the principles governing the unavailability of the status and the same divorce allowance which establishes the prohibition for spouses to derogate from the rights and duties arising from marriage. Hiring a Newport Beach prenuptial agreement attorney.
Finally, from a procedural point of view, agreements of this nature would appear to be direct, explicitly or implicitly, to vitiate or limit the right of defense in divorce proceedings, both in relation to the economic aspects and in relation to the same judicial declaration of divorce at Trugman Law Group APC a family law firm in Newport Beach.
In conclusion, the legal reasoning underlying the aforementioned rulings could be said to be substantially analogous. Where the failure of a marriage is considered "genetic cause" of the agreement, the prenuptial pact should be considered void. If, however, the shop provides for the termination of married life as a mere event deduced in a suspensive condition, the same should be considered valid and effective. Therefore, both judgments, while not contravening the traditional orientation of the jurisprudence on the matter, seem to recognize to spouses, within the context of marriage, a space of negotiating autonomy that is not negligible and deserves to be considered by practice. Newport Beach family law firm, Trugman Law Group APC