smoky
Unterland, Zrich Switzerland
Posted: Mar 24, 2008, 4:20 PM CST
Well I have had all three available marriage contracts - and none of them ended up fair, according to how they were worded. It gets more complicated than we think. Even lawyers couldn`t work it out.
It just boiled down to what the two of us agreed on sharing.
The Original Version: "In community of property" - where Everything is shared = the one who grabs and stashes the most before the divorce is thru wins.
The Antenuptial Contract: (where one having a business/property, is involved). Everything in you/their name belongs to that person. Pity the home-maker who just raises the children and doesn`t "own" anything.
Antenuptial Contract with Acrual: What is owned before the marriage is excluded from mutual sharing. This is the Complicated one the lawyers are bamboozled by - you get Consumer Price Index`s shoved under your nose and have to know how to use a Financial Calculator. The original worth of property is devalued, and what is left over is divided, except for what is in the name of the owner.
This one usually involves paying High Court costs or 3 days plus Advocate fees, in order for the Judge to decide, by which time there should be hardly anything left over to share anyway.
At the end of the day - the only agreement I have ever seen actually work well for both parties is an Ordinary Business Agreement, just like going into business together .... what you both are investing, and the sharing of profits after expenses ... but then you got to keep a Set of Books on the subject of your Life Together!