secretwealthvsforricher,forpoorer文章譯(編輯修改稿)
2025-02-04 08:27 本頁面
【文章內(nèi)容簡介】 ipulate that all assets that are brought into the marriage or inherited can be considered part of the marital estate and can be claimed by an unhappy partner, or even spouses and children from previous unions. Many people do not understand this and have a very expensive prenuptial agreement drawn up in the United States, Maizels said. They move to England, and later the English court will not recognize it. One solution may be a trust that protects inherited assets or assets earned before a marriage. But Ann Northover, an attorney at Fosters, a law firm in London, warned that such trusts must be set up well in advance of a marriage, or it could be challenged by the court. By contrast, the law in France and most of Continental Europe provides that whatever assets each partner brings into the marriage, including investments and inheritances, remain theirs, as do gifts and inheritances to an individual partner during the marriage. It is simple, said Bertrand Lapeyre at 201。tude Flusin, a notary firm in Paris. Because of this law, you don39。t have to draft a prenuptial agreement. You already have an equivalent in what is called the r233。gime l233。gal. Only ine and assets accumulated during the marriage are considered part of the munity property, of which each partner is considered to own half. Even in France, some people choose to fence off additional marital assets. For instance, in the case of a newlywed just out of school who is starting a specialty medical practice, an agreement may be drawn to ensure that the practice will remain the doctor39。s property in the event of divorce or death. Such beforethefact agreements, Lapeyre said, cost about E500, or $600, and can be drawn up easily by a notaire, a French court officer. However, changing the marital status of an asset after a marriage, in what might be called a postnuptial agreement in the United States, is an expensive and plex process. It entails appointing a lawyer who can bring it before the court for an examination, Lapeyre said. The process can take a year. Napoleonic law also provides for a second legal form of marriage called a s233。paration de biens, which stipulates no munity property and therefore releases each spouse from responsibility for his partner39。s debts. Usually it is advisable to choose this regime if the husband has risky business activities, Lapeyre said. In the United States, a prenuptial agreement would be necessary to guard one spouse from the other39。s debts. In the United States, each state has its own rules regarding prenups and what assets bee part of the marital estate. In many states, assets held before marriage, as well as inheritances and gifts, can remain individual property. But the situation requires careful handling. First, the property or investment must be kept under separate ownership. Second, if there are any changes or additions made on a portfolio or property during the marriage, the investment may bee mon property. For instance, Grande said, if a spouse came into the marriage with 1,000 shares of Google bought at the offering price of $85, sold them recently for $400 and bought shares of General Electric or Halliburton, the account would no longer be pletely partitioned from the marriage property, esp
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