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Divorce convention in stock - all-purpose remedy against a war of the roses? Advantages and disadvantages

Advantages:

  1. Planning security: Spouses can feel reassured knowing the financial consequences of a divorce.
  2. Balanced solution: Spouses who are in a happy relationship may have more of an interest in finding a balanced, sustainable solution that is viable in the event of divorce than if they are already in a broken relationship. 
  3. Avoidance of lengthy court proceedings: Clear regulation in advance can avoid time-consuming and costly court proceedings.
  4. Clear division of assets: An anticipated divorce settlement can set out in advance how assets will be divided in the event of a divorce, which can avoid potential disputes.

Disadvantages:

  1. Emotional pressure: Discussing an anticipated divorce convention can lead to tension and insecurity, as it can be seen as a lack of trust in or a pessimistic attitude towards the marriage.
  2. Imbalance of power: One spouse may feel compelled to sign the agreement, especially if there is a significant imbalance of power or financial inequality.
  3. Change in circumstances: Life circumstances and financial circumstances can change over time, which means that the contract may no longer be fair or appropriate. For example, it is possible that both spouses are still employed at the time the contract is concluded, but over time one of them loses their economic independence (e.g. due to childcare or unemployment).
  4. Potential challenge: A poorly worded or unfair contract can be challenged in court, which can lead to additional disputes and costs.

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