My husband and I signed a marriage contract before we got married four years ago. We entered into the agreement to protect the property of his parents, who are named in his name for their convenience. Some things have changed. We had a baby and I know there is nothing in our agreement that happens if one of us stays at home with the baby and loses the ability to contribute to retirement and work experience. I didn`t go to work after maternity leave and we are considering having a second child before going back to work. However, if your spouse does not want to change the existing marriage contract, you may need to pursue other options. If you would like to change your marriage contract or create a terminated contract, contact our family practices today and our experienced lawyers are happy to help. This section explains how to modify the agreement (called the amendment) or how you can terminate it all together. Remember that only one partner in the marriage cannot modify or terminate the marriage contract himself – he must have the agreement and signature of the other party. There is a higher standard for preparing a post-marital contract than a marriage contract, because you are already married at the time of an estate and therefore owe yourself a fiduciary duty.
Before marriage, you can always decide not to get married if you don`t like the deal. Once married, the deal has to be really fair, because you can no longer choose not to get married. While marriage contracts can`t be used to determine custody or child support, you might still want to amend a marriage contract to account for the birth of children in your relationship.