The court will not consider the content of the agreement, but the circumstances in which it was concluded. The court will not invalidate an agreement because the parties have entered into a bad agreement. Failure to disclose fully and openly can be unscrupulous behavior for which agreements can be revoked. There is a significant difference between the cases used between spouses (in the event of divorce) and the cases between one of the spouses and his or her creditor (where one of the spouses is a debtor). The above differences related to the form of the agreement and its registration can have a significant impact on the creditor`s position. When a contract is registered, a creditor can easily verify that his debtor has signed it. If there is no way to register an agreement, the spouse (debtor) will inform the creditor. In the event of a dispute, a debtor who wishes to invoke the agreement against a creditor must have proof that the creditor was aware of the agreement or should have known about it in the exercise of due diligence. In Poland, domestic legislation is contained in the Family and Guardianship Act. According to the Code, one of the spouses may invoke a marriage contract against another person if its conclusion and nature were known to that person. [21] If the spouses enter into or modify their agreement after incurring debts to one of them, such a measure cannot have a negative impact on the creditor`s situation. [22] A marriage contract can be a useful tool for wealthy individuals and families trying to preserve wealth for future generations. The most logical country in which the marriage contract should be “rooted” is the country where the couple spends the first years of their marriage and wants to check this if necessary when the couple moves later.

If a third party is involved in the action, the courts will consider whether applicable law can be applied against that party. For example, in accordance with Council Regulation (EU) 2016/1103, the law applicable to the matrimonial property regime between spouses may not be invoked by one of the spouses against a third party in a dispute between the third party and one or both spouses, unless the third party knows or should have known that law in the exercise of due diligence. [7] The Council Regulation also contains a legal presumption where the third party is presumed to have knowledge of the law applicable to the matrimonial property regime between the spouses. It also specifies the law governing the matrimonial property regime in the event that the applicable law cannot be invoked by one of the spouses against a third party. Parallel regulations can be found in Poland`s private international law. [8] If the third party does not know the law applicable to the matrimonial property regime between the spouses and is not considered as such, it can be assumed that the third party is not aware of the agreement. In such a case, it is obvious, at this stage of the process, that the agreement cannot be reliable vis-à-vis that party. For this reason, the question of the law governing matrimonial property regimes in such cases is not further developed in this article. In France, there is no notion of marriage or post-marriage contract, but there is a long tradition according to which French law recognizes the freedom of spouses to conclude a marriage contract.

The purpose of these agreements is for the parties to determine the marriage agreements between the parties, and they may include clauses that cover what will happen if the marriage ends due to death or divorce. If you conclude a marriage contract or marriage contract before marriage, it is important to determine the effect of such an agreement in Switzerland in case you have to rely on it. Marriage contracts concluded abroad are in principle considered binding by the Swiss courts in determining the applicable matrimonial property regime, provided that they are valid in the country in which they were concluded and that they do not violate Swiss public policy. A marriage contract is an essential document for wealthy people when they get married, and is one of the services a family office can use to support you. To be properly constituted, the agreement must be concluded freely and without coercion; (in case of pre-nup) signed at least 28 days before the wedding; with full financial disclosure of each party`s assets, with each party having the opportunity to seek legal advice; and be fair.. .