What is a prenuptial agreement?
A prenuptial agreement, or premarital agreement (commonly referred to as a prenup), is a written contract entered into by a couple prior to marriage or a civil union that enables them to select and control many of the legal rights they acquire upon marrying, and what happens when their marriage eventually ends by death or divorce.
Couples enter into a written prenuptial agreement to supersede many of the default marital laws that would otherwise apply in the event of divorce, such as the laws that govern the division of property, retirement benefits, savings, and the right to seek alimony (spousal support) with agreed-upon terms that provide certainty and clarify their marital rights.
A premarital agreement may also contain waivers of a surviving spouse's right to claim an elective share of the estate of the deceased spouse. In some countries, including the United States, Belgium and the Netherlands, the prenuptial agreement not only provides for what happens in the event of a divorce, but also to protect some property during the marriage, for instance in case of a bankruptcy.
Many countries, including Canada, France, Italy, and Germany, have matrimonial regimes, in addition to, or some cases, in lieu of prenuptial agreements. Postnuptial agreements are similar to prenuptial agreements, except that they are entered into after a couple is married.
When divorce is imminent, postnuptial agreements are referred to as "Separation Agreements".
Prenuptial agreements in all U.S. states are not allowed to regulate issues relating to the children of the marriage, in particular, custody and access issues. The reason behind this is that matters involving children must be decided in the children's "best interests". However, this is controversial: some people believe that as custody battles are often the worst part of a divorce, couples should be able to settle this in advance.
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Dividing property in divorce is one of the most challenging aspects of the process. The more diverse the types of assets a couple owns, the harder it is to figure out how to fairly divide and value the property. One type of asset that can be particularly tricky to address are trusts. Many couples will create trusts during the course of a marriage as part of their overall estate plan. Generally, any property acquired or accumulated during the time of the marriage is considered marital property and subject to division in divorce. Trusts, however, can create significant challenges to this endeavor for a Family Court Judge. For many couples, the assets contained in the trust are the most valuable property they own. The problem trusts create for the Family Court Judges is the fact that legally the property is no longer owned by the spouses, and thus, outside the matters typically handled in a divorce. Given this situation, how can divorcing couples be empowered to block any Family Court Judge from trying to access the division of your trust assets and your children in a divorce?
Does the Family Court Have Authority to Touch Trust Property?
In any legal proceeding, the court can only directly order a person to do something if they are a party to the case. With your irrevocable Blockchain Family Trust, if the person with an interest in the trust, such as your children or other family members, are not a party to the case, which they would not be in a divorce, the court has no power to touch trust assets without the consent of all beneficiaries. This is the situation with an irrevocable Blockchain Family Trusts, and the court essentially has no power to touch assets outside the marital estate for purposes of equitable distribution as long as you make your children the beneficiaries of the irrevocable Blockchain Family Trust and you and your spouse are BOTH the Trustees to handle the financial affairs of the Family Trust until your children reach adult age.
Therefore, our Separation & Trust Agreements are governed by International Private Contract & Trust Laws, which does NOT allow any Family Court Judge to claim "jurisdiction" over your children and it does NOT allow a Family Court Judge to perform any bogus and unconstitutional "custody proceedings" over your children.
Laws vary between both states and countries in both what content they may contain and under what conditions and circumstances that a prenuptial agreement may be declared unenforceable, such as an agreement signed under fraud, duress or without adequate disclosure of assets.
Our International Prenuptial Agreements are valid across the world and are based on The Hague Convention of 1 June 1970 on the Recognition of Divorces and Legal Separations.
What is a Separation & Trust Agreement?
A Separation & Trust Agreement is a legally binding agreement used by two people (Trustees of their Blockchain Family Trust) in a marriage or civil partnership, who have decided to separate while remaining legally married, or before they petition for a divorce or termination of their civil partnership. A written Separation & Trust Agreement defines how property, assets, bills, debts, spousal support, and other shared responsibilities, such as child custody or support, will be allocated.
Who should use an irrevocable Family Trust and a Separation & Trust Agreement?
Our Separation & Trust Agreements are for spouses who can agree on the terms of their separation WAY IN ADVANCE - ACTUALLY WHEN THEY ARE PLANNING TO GET MARRIED OR FORM A CIVIL PARTNERSHIP. If you and your spouse can't agree TODAY, you may have to pursue mediation, arbitration, or litigation to determine your separation terms, which can be very costly and devastating for both of you and for the future of your children.
So why not decide today, how you will handle conflicts in the future, especially a fair child custody of 50/50 because your children will need BOTH parents in their lives.
Will my Separation & Trust Agreement be legally recognized?
First off, you do NOT need to file your Separation & Trust Agreement with a court. A Separation & Trust Agreement is a contract between two parties and therefore is governed by international private contract and trust law. The contract binds both parties of their Blockchain Family Trust to its terms. Therefore, if either party breaches the contract, the other can file a legal claim for breach of Fiduciary Duties.
If there is a legal dispute and your Separation & Trust Agreement is presented to a judge, they may reject the terms of your agreement if:
Its terms aren't in the best interest of your children. (Please Note: 50/50 custody agreements do not make the family courts any money. However, its your life and your children belong to BOTH of you, NOT the State! So you may enter everything you want into your private separation & trust agreement regarding your children and how time is divided between BOTH parents. You are BOTH the Trustees of your Blockchain Family Trust, and the Trust regulates the children's affairs including shared child custody for BOTH of you. Its legally valid!)
You or your spouse haven't fully disclosed certain assets or liabilities
Its terms are unfair (e.g., one spouse waives their right to support without proper compensation)
It has not been properly witnessed/notarized
In addition, a Separation Agreement shouldn't contradict any other binding agreements, such as a Prenuptial Agreement or Postnuptial Agreement.
PLEASE NOTE: A FAMILY COURT JUDGE CANNOT DECLARE TO HAVE "JURISDICTION" OVER A FAMILY TRUST, WHICH IN THIS CASE IS DECENTRALIZED ON THE BLOCKCHAIN WITH STRICT TRUST LAWS TO PROTECT YOUR ASSETS OUTSIDE OF ANY FAMILY COURT JURISDICTION.
MOREOVER, BOTH PARENTS ARE THE TRUSTEES & FIDUCIARIES OF THE FAMILY TRUST AND IF ONE OF THEM BREACHES THE CONTRACT (SUCH AS SNATCHING A CHILD AWAY FROM THE OTHER PARENT) THE "LEFT BEHIND PARENT" CAN NOW CRIMINALLY SUE FOR BREACH OF FIDUCIARY DUTIES BY A TRUSTEE, WHICH IS WAY MORE POWERFUL THAN ALL THE CIVIL FAMILY COURT NONSENSE.
When to Use a Separation & Trust Agreement?
There are various situations in which a Separation & Trust Agreement can be used. Whether you’re looking to legally separate from your spouse, seek a divorce, or separate informally, this legally binding document can be used to detail all aspects of a separation.
Here are some of the most common ways in which you can use a Separation & Trust Agreement:
You have decided to separate with your spouse and want to determine how to divide your property and assets.
You are ready to separate for some time and live independently from your spouse, but not yet ready to get a divorce or want to take some time before making a final decision on dissolving the marriage/civil partnership.
You want to get a divorce and already know how you want to allocate your assets or other responsibilities and prefer to define this yourself rather than leave it up to the court.
You want to permanently maintain your legal marriage status while simultaneously living separately from your spouse.
You want to prepare an outline for the division of finances or other assets before meeting with an attorney regarding legal separation.
You are deciding whether to do a legal separation and want to set the preliminary terms for a division of assets in advance.
What to Include in a Separation & Trust Agreement?
A Separation & Trust Agreement includes various key terms, which can differ depending on what responsibilities the married couple wants to outline. This agreement often addresses many of the same specifications as a divorce decree, such as:
Division of marital assets such as property, financial accounts, insurance, business interests, and retirement accounts
Division of debt responsibilities
Spousal support, including maintenance and alimony
Child custody, child support payments, and visitation rights for the Trustees of their Blockchain Family Trust
Allocation of costs such as health insurance and whether spouses are entitled to any specific assets
Responsibilities relating to marital property expenses such as utilities, insurance, and mortgage
Spousal benefits and who will pay for them
To create your own Separation & Trust Agreement, you will need to determine the terms of the separation with your spouse. In addition, both parties will have to be honest and open about their financial situations.
Once you have finalized these details, you should draw up your document. This can be done easily with the template we include in your Blockchain Family Trust. With our Separation & Trust Agreement form, you can quickly create your own agreement, which you can customize to your state’s separation laws and your particular spousal situation.
The agreement must be in writing, and it must be signed by both parties/trustees in the presence of a Notary. Once your document is prepared, depending on your state of residence and for what type of separation you will be using it for, you may need to file it with a local court.
What happens after a Separation & Trust Agreement is signed?
Once both spouses/trustees have signed the agreement, it becomes a legally binding contract that both parties must follow. As a result, either party can sue the other if the agreement is breached and force them to comply with its terms.
How to file a Separation & Trust Agreement?
A Separation & Trust Agreement must be filed if you are pursuing a legal separation or divorce. This can be done through a local court. The Separation & Trust Agreement must then be served to your spouse (the other trustee of your Blockchain Family Trust)
Modification of Child Support and Breach of Fiduciary Duty of the Trustees
The provisions relating to custody, support, and maintenance of the (child/children) of the parties and Trustees of their irrevocable Blockchain Family Trust may not be changed or modified by the parties other than by further agreement between them in writing.
However, such agreement shall be governed by international private contract law and trust law and binding for any court. Only if there is a breach of contract by the Trustees of this Blockchain Family Trust, due to a violation of fiduciary duty, this agreement may be subject to the proper order of any court of competent jurisdiction.
A breach of fiduciary duty occurs when a trustee or executor fails to meet their legal obligations, whether under the law or as dictated by their trust agreement. Trustees and executors are fiduciaries, meaning they are required by law to follow specific rules that dictate their behavior.
A breach of fiduciary duty can result in serious civil and criminal legal consequences for a trustee. In most cases, lawsuits involving a breach of fiduciary duty seek compensatory damages to recover what was lost as a result of the trustee's wrongdoing or negligence. In this case, this agreement may be subject to the proper order of any court of competent jurisdiction.
To protect your and your children's future, register your Blockchain Family Trust today including your Prenuptial Agreement and your Separation & Trust Agreement.