Prenuptial Agreement Cyprus


A property transaction contract is a contract that a couple terminates as part of their divorce or separation and which provides for the division of property acquired during their life together. Such an agreement is recognized under Cypriot law. Among foreign jurists, some argue that English law is flawed in secondary aid, as it is disqualified for the modern idea of marriage as a partnership. [1] In English law, secondary abamassage proceedings are primarily governed by Part II of the Matrimonial Causes Act 1973 (MCA 1973), including Ss.23, 24 and 25, and Schedule 5 of the Civil Partnership Act 2004. Despite the provisions of the legislation, an important factor is the judicial margin of appreciation that prevails in the exercise of the powers of financial orders. Nowadays, many couples settle their divorce financial disputes by consulting a lawyer, others without legal advice and others resort to court. Nevertheless, few couples take precautions before marriage and both agree on how their property should be distributed in the event of divorce or dissolution. [2] This formation of private agreements is called a marriage contract (pre-nups). Historically, pre-nups make no difference in the discretionary style of English law with auxiliary aid,[3] as case law was generally, but not always, negative towards them. The main objection to the implementation of pre-nups is that they are considered contrary to public order. [4] The Supreme Court`s decision in Katrin Radmacher vs. Nicolas Granatino [5] was a progressive decision in English law on marriage contracts. [6] After Radmacher, things changed, since it was the first time that the Supreme Court had rendered a judgment on pre-nups and that it had also come into force.

However, this decision did not entail any change in the legislation in force; It was just a court decision. With the modern tendency to marry later in life, or even marry more than once, it is now more likely that individuals will want to protect inherited and/or acquired property to ensure that it is welcomed by their children, for example. Laws on the applicability of marriage contracts vary from state to state, and anyone who is concerned about their vulnerability to the loss of large amounts of acquired property should be settled in advance through an interview with a lawyer specializing in this area. There are many agreements for and against pre-Nups. On the one hand, such an agreement was found offensive to the fundamental idea of marriage and to the need for couples to stay together, because they encourage couples not to marry and not to live together. Indeed, pre-nups are not romantic, they are a form of contract that couples must make before marriage and that pushes them to worry about it, because in these negotiations, they are confronted with the “bad face” of marriage even before they happen. Moreover, all these modern colonies and treaties that have something to do will make us lose the moral value of the promise. [25] There is no formal requirement as such for the matrimonial property regime outside the jurisdiction of the Court of Justice. However, independent legal advice and financial information may be considered determining factors for the validity of an agreement, depending on the circumstances. Kaimakliotis & Co are experts in drawing up iron marriage contracts that clearly define and set the conditions – as recognized and signed by both parties. A conjugal (pre-marital) contract is concluded between two people who wish to either marry or enter into a life partnership and regulates how the couple wishes to divide their property in the event of a marriage breakdown or life partnership. In particular, this agreement may cover and regulate property related to wealth, fortune, income, inheritance and debt, whether acquired individually or collectively before or during the marriage.

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