As we wrote earlier, „the person you marry and the person you divorce are not the same“, and therefore, it is always a good idea to think about potential problems in advance and prevent them.
The longest, most expensive, and most exhausting divorces are those in which the spouses can not achieve an agreement on the division of the marital property. It is the same with court proceedings for the division of marital property, which will finally end the union in every way, as well as negotiations in the case of a contested divorce. Therefore, the property division should be questioned while the spouses are still in good relations, i.e. when they are capable of steady and rational evaluation of their actual contribution to the marriage.
A spouse’s contribution to the marriage directly or indirectly affects the increase of the mutual marital property, so by concluding an agreement that considers their contributions, spouses can in advance determine how will their mutual property be divided in case of bad relations and finally, a divorce.
These kinds of decisions are formally defined, either before the marriage as prenuptial agreements, or at any moment during the marriage as a marriage agreement.
Although the marriage agreement implies only to the future division of marital property, it definitely is an important step towards lowering the costs of eventual divorce, considering that these proceedings by a lawsuit may last for decades and indicate significant costs.
Therefore, by concluding a marriage or prenuptial agreement, the spouses achieve consensus about what exactly will be considered marital property and how it will be divided in case of eventual divorce one day. That way, they exclude the possibility of any further negotiations and avoid the costs that would normally occur during the divorce procedure.
So, the marriage agreement does not imply that the spouses wish to divorce one day. On the contrary, this kind of agreement represents a rational approach to planning a family and personal life, prevents conflicts about property division, and gives a good starting point for future investments for both of the spouses. And, most importantly, if both of the spouses agree, the provisions of the agreement can be changed and adjusted.