The 2010 Supreme Court`s Radmacher/Granatino trial case overturned the current legal framework to recognize the changing social and judicial views on the personal autonomy of spouses.   Pre-marriage agreements can now be applied by the courts within their discretion in financial settlement cases under Section 25 of the Matrimonial Causes Act 1973, as long as the three-tiered cycling test is completed and is considered fair in the interests of each child in the family. The cyclo-cyclo-maker requests that the courts effectively arrange a marriage agreement freely concluded by each party with a full assessment of its effects, unless, in the present circumstances, it is not fair for the parties to maintain their agreement. The case provided important guidelines, relevant to all marriage agreements that have occurred since 2010.  A prenup may detail what should become of a party`s property if the marriage ends due to separation, death or some other event. For example, the agreement may stipulate that if one spouse cheats on the other, the fraudulent spouse owes the other spouse a certain amount of money to help move from marriage to single life. In a 1990 California case, the Court of Appeal imposed an oral marriage in the estate of one of the parties because the surviving spouse had significantly changed his position according to the verbal agreement.  However, as a result of amendments to the act, it has become much more difficult to change the character of community or distinct property without written agreement.  Preliminary work is only part of ensuring that your succession plan is implemented as you see fit.
Remember that you also need to create and save other documents such as wills and living positions of trust. In the past, couples have entered into pre-marriage agreements with some uncertainty as to their validity. Today, the presumed validity and applicability of such agreements is no longer at issue in states that have adopted UPAA/UPMAA, including Florida, Virginia, New Jersey and California.  Each state has its own laws that regulate distinct types of property and types of matrimonial property (some states use “collective property laws,” which often impose 50/50 of property-sharing).