Todays Date
December 7, 2021

Prenuptial agreements: They cheat, but do not pay any "penalties"

If you want to make sure that your spouse will be good at home and a good spouse, the only thing you can do is to enter into a contract including the property spouses have and how they can manage it. There is no other option to protect yourself from infidelity, partner’s immoral behavior, even to protect your integrity, explain experts who propose changes to these rules

She must not play the piano if he is in the house. If she puts on more than 77 kg, he gets 100 thousand dollars. She must not have a male hairstyle. If he betrays, he is to pay damages of 5 million dollars. However, if he does not go out with her at least twice a month, she is not bound to have sex with him. These are just some of the responsibilities that the partners in the United States cite while “calculating” how to provide for themselves in the so-called prenuptial agreements, and for which couples in the country will still have to crave as this type of contracts has not revived yet in our country. Although the number of interested is growing.

 

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According to the data by the university Professor Dejan Mickovic, in Macedonia only 10 to 15 percent of couples sign marriage contracts, usually richer people.

 

“Marriage contract is one of the most controversial contracts in law. Opponents believe that it does not meet the modern nature of marriage, which is concluded of love and supporters thinks it expresses the free will of the spouses, and will not have to run a long, difficult and uncertain “war” about the division of property in case of divorce”, says Mickovic.

 

Experts in family law explain that in Macedonia it is impossible to protect your wealth, but also to protect yourself personally by a (pre)marriage agreement, following the example of American citizens who as spouses sign an agreement on mutual rights and obligations in case of divorce.

 

Macedonia is not Hollywood

 

Current or future spouses do not have an opportunity to conclude an agreement on the type of American (pre)marital arrangements establishing that in case of adultery or for each year of marriage, the other spouse will be paid a certain amount of money, says lawyer Tatjana Doneska.

Prenuptial agreements are legally regulated in France, Germany, Austria, Switzerland, Sweden, Greece and with the new reforms of family laws it exists in most of the former socialist countries (Russia, Bulgaria, Hungary, Croatia, Serbia, Montenegro, Republika Srpska).

 

“The agreement allows neither insertion of clauses, nor conditions associated with marriage or divorce. I hope that (pre)marital agreement will be part of our law and will allow marital and extramarital partners at their own to regulate property relations during their community as well as the legal consequences associated with its termination. I think there are still no conditions for agreement on model of the American, taking into account the socio-economic conditions, socio – legal norms and moral – ethical peculiarities in our society, says Doneska.

 

“Macedonia is far from Hollywood. However, it should be possible to sign a marriage agreement. Therefore we propose it to be regulated by law, but only in terms of property relations between spouses without entering other clauses. In the Hollywood type of contracts, for example, you can meet such a requirement that, if the wife puts on 5 kg more than agreed, she is to pay damages of 100,000 dollars to her husband”, says Mickovic.

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Recently, the world public was “bombarded” with details of the premarital agreement of the starlet Kim Kardashian and her now-husband, rapper Kanye West. Under the agreement, for each born child Kardashian will receive five million dollars if the marriage lasts at least three years. For each additional year of marriage, she will be richer for one million dollars more. If the rapper betrays his wife, he will have to pay damages of 10 million dollars. A similar agreement will sign future spouses, Hollywood actor George Clooney and British barrister Amal Alamuddin.

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She will get a million dollars if they divorce in less than a year, and for each subsequent year the amount will grow.

Furthest in this regard went the founder of social networking website Facebook, Mark Zuckerberg who before marrying Priscilla Chan signed a (pre)marital agreement which addresses issues such as who will wash dishes, who will walk the dog, how much time should they spend together and how much time to be separated from each other.

 

Notaries must not verify (pre)marriage agreements

 

Everything which is not forbidden by law is allowed, says Professor Mickovic but notaries still rarely or never certify (pre)marriage agreements between the future spouses.

 

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“Since this agreement is not regulated by law we must not certify (pre)marriage agreements. If there is such a certified agreement, in the event of divorce it will not cause any consequences because the court will annul this contract. If spouses do not respect private agreements and moral principles they had agreed, each of them should seek justice before a court in another proceeding, not to refer to the (pre)marriage agreement”, says Zorica Pulejkova, president of the Notary Chamber.

Therefore Mickovic and committee members working on the reforms of civil law propose amendments to the family law thus legitimizing what already exists in practice.

 

“We analyzed the existence of marriage agreement in many countries and it gives us the right to propose this agreement to be part of our legal system. It will be best marriage agreements to be certified at the notary as a notary act. This would practically legitimize what is already happening in practice, that is verification of agreements concluded by spouses at the notary. Marriage agreements could be signed before and after the conclusion of marriage”, says Mickovic.

 

The committee further proposes this agreement to regulate the rights and obligations in mutual support, use of incomes of one spouse by the other, expenses for family life, and the question of who to and what property will go in case of divorce.