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81-403: Portuguese interregnum may refer to: The First Portuguese Interregnum between 1383 and 1385. The Second Portuguese Interregnum in 1580. Topics referred to by the same term [REDACTED] This disambiguation page lists articles associated with the title Portuguese Interregnum . If an internal link led you here, you may wish to change

162-563: A Portuguese army of 9,000 men, reinforced by a 1,500-man English contingent that landed in Galicia , invaded Castile to sit John of Gaunt on the Castilian throne, which he claimed on his marriage to Infanta Constance of Castile . The Castilian forces refused to offer battle, after two months no significant town was taken and the allies, struck by disease and lack of supplies, met with an overwhelming failure. The treaty, still valid today, established

243-618: A big contingent, around 600 men (of which about 100 would be present in Ajubarrota), but they were mainly veterans of the Hundred Years' War battles and thereby well schooled in successful English military tactics. Among them were a small number of longbowmen who had already demonstrated their value against cavalry charges. At the same time, John of Aviz organised a meeting in Coimbra of the Cortes ,

324-419: A common pretender to the crown. There were two candidates, both illegitimate half-brothers of Ferdinand: On October 22, 1383, King Ferdinand died. According to the marriage contract , Dowager Queen Leonor assumed regency in the name of her daughter Beatrice and son-in-law, John I of Castile. Since diplomatic opposition was no longer possible, the party for independence took more drastic measures, which started

405-431: A community property state may not be designed to govern what occurs in an equitable distribution state and vice versa. It may be necessary to retain attorneys in both states to cover the possible eventuality that the parties may live in a state other than the state they were married. Often people have more than one home in different states or they move a lot because of their work so it is important to take that into account in

486-445: A couple is married. When divorce is imminent, postnuptial agreements are referred to as separation agreements . Laws vary between states and countries in what content they may contain and under what conditions and circumstances a prenuptial agreement may be declared unenforceable, such as an agreement signed under fraud, duress, or without adequate disclosure of assets. In South Africa, a civil marriage or civil union is, by default,

567-416: A court at the divorce can set this aside if it deems that the limitation is unconscionable). The agreement can act as a contract to make a will requiring one spouse to provide for the other at death. It can also limit probate rights at death, such as the right to a probate allowance, the right to act as an executor, the right to take as a predetermined heir, and so forth. Prenuptial agreements are codified in

648-452: A marital contract such as a prenuptial agreement, except for a California law that requires that the parties be represented by counsel if spousal support (alimony) is limited by the agreement. A prenuptial agreement may be challenged if there is evidence that the contract was signed under duress . Whether a premarital agreement was signed under duress must be proven by the facts and circumstances of each case. For example, it has been held that

729-461: A marriage in a community of property . To marry out of the community of property , the parties must sign an antenuptial contract in the presence of a notary public before their marriage and the contract must be registered in the Deeds Office within three months from the date of signature of the contract. When marrying out of the community, the parties have a choice to marry with application of

810-668: A pact of mutual support between the countries: Indeed, Portugal would use it again against its neighbours in 1640, to expel the Spanish Habsburg kings from the country, and again during the Peninsular War . The Anglo-Portuguese Alliance would also be used by Britain (in succession from England) in the Second World War (allowing the Allies to establish bases on the Azores ) and during

891-494: A premarital agreement executed before marriage. That said, if the lack of disclosure results in a prenup being unconscionable (unfair to one spouse) under Florida's Uniform Premarital Agreement Act, it may not be enforceable on those grounds. Even in states that have not enacted the UPAA/UPMAA like New York , duly executed prenuptial agreements are accorded the same presumption of legality as any other contract. A couple signing

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972-531: A premarital agreement if it would cause the spouse who waived such right to need public assistance at the time of divorce. Florida and several other states contain similar limitations to avoid a divorcing spouse from becoming a ward of the state upon divorce under a prenuptial agreement. Moreover, in Florida where the inheritance ( elective share ) and homestead rights granted to surviving spouses by state law are so strong, its Premarital Agreement Act requires that

1053-435: A prenuptial agreement doesn't need to retain separate attorneys to represent them, as long as each party understands the agreement and signs it voluntarily intending to be bound to its terms. There is a strong public policy favoring parties ordering and deciding their interests through contracts. There are no state or federal laws that force adults with contractual capacity to have to hire legal counsel to be able to enter into

1134-576: A prenuptial has not been signed, then the marital property is simply divided equally between the husband and wife. Pre and post-nuptial Agreements in Hong Kong can be of “magnetic importance” in deciding the parties’ claims for ancillary relief. The leading case of SPH v SA in Hong Kong’s highest court, the Court of Final Appeal followed the earlier English Supreme Court decision of Radmacher v Granatino . That

1215-418: A properly drafted and executed prenup. A prenup can dictate not only what happens if the parties divorce, but also what happens when they die. They can act as a contract to make a will and/or eliminate all of one's rights to property, probate homestead, probate allowance, right to take as a predetermined heir, and the right to act as an executor and administrator of one's spouse's estate. A prenuptial agreement

1296-485: A spouse a portion of the worker's pension in a divorce decree. A prenuptial agreement can contain waivers by which each spouse agrees to release any claims against each other's retirement benefits that arise under both state and federal laws by the marriage, like under the REA. When a United States citizen chooses to marry an immigrant, that person frequently serves as a Visa sponsor to petition for their fiancé to enter or stay in

1377-444: A spouse's claim that she believed that there would be no wedding if she did not sign a prenuptial agreement, where the wedding was only two weeks away and wedding plans had been made, was insufficient to demonstrate duress. Prenuptial agreements may limit the parties' property and spousal support rights but also guarantee either party the right to seek or receive spousal support up to a certain limit. It may be impossible to set aside

1458-403: A waiver of surviving spouse rights outlined in a prenuptial agreement be executed with the same formality as a will to be enforceable (notarized and witnessed by two disinterested parties). In 2015, the U.S. Supreme Court granted same-sex marriages the same legal footing as marriage between opposite-gender couples, in the case of Obergefell v. Hodges (decided June 26, 2015). This effect of

1539-456: A way that does not violate the contract that the U.S. sponsor makes with the government by providing the Affidavit of Support, or it will be at risk of being declared unenforceable. In a 1990 California case, the court of appeals enforced an oral prenuptial agreement in the probate of the estate of one of the parties because the surviving spouse had substantially changed her position in reliance on

1620-466: A woman and a man, who applied for registration of their marriage as well as by spouses. An underaged person, who wants to conclude a marriage contract before registration of the marriage, is to have the signed consent of his/her parent or custodian certified by a notary. Numerous provisions of this section of the Family Code of Ukraine provide quite extensive requirements regarding the form and contents of

1701-603: Is no longer in question. Currently, 28 States and the District of Columbia have adopted a version of the Uniform Premarital Agreement Act (UPAA) or the updated Uniform Premarital Agreements Act (UPMAA). The UPAA was passed in 1983 by the Uniform Law Commission (ULC) to promote more uniformity and predictability between state laws relating to these contracts in an increasingly transient society. The UPAA

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1782-543: Is only valid if it is completed before marriage. After a couple is married, they may draw up a post-nuptial agreement. In most jurisdictions in the United States, five elements are required for a valid prenuptial agreement: There are several ways that a prenuptial agreement can be attacked in court. These include a lack of voluntariness, unconscionability, and a failure to disclose assets. Prenuptial agreements in all U.S. states are not allowed to regulate issues relating to

1863-662: Is signed in some cases, usually among affluent citizens. But, the agreements need to be reasonable and not violate pre-existing laws like the Hindu Marriage Act . Indian courts allow a memorandum of settlement to be signed during divorces. But, no court has yet been asked to enforce a prenup. These agreements may come under the Indian Contract Act of 1872 . Section 10 of the Indian Contract Act states that agreements are to be considered contracts if they are made with

1944-851: Is similar to that in England and Wales, in that they are generally regarded as not being legally enforceable. However, since the ruling in Radmacher v Granatino , which also applied in Northern Ireland, the judiciary are more likely to hold parties to the terms of such agreements, unless doing so would be obviously unfair. Prenuptial agreements in Canada are governed by provincial legislation. Each province and territory in Canada recognize prenuptial agreements. For instance, in Ontario, prenuptial agreements are called marriage contracts and they are recognized by section 52 of

2025-499: Is usually known in Portugal as the 1383–1385 Crisis ( Crise de 1383–1385 ). In 1383, King Ferdinand I of Portugal was dying. From his marriage to Leonor Telles de Menezes , only Princess Beatrice of Portugal survived. Her marriage was the major political issue of the day since it would determine the future of the kingdom. Several political factions lobbied for possible husbands, which included English and French princes. Finally,

2106-504: The Battle of Trancoso in May. From January, he began preparing his army to solve the problem definitively. The king himself led an enormous Castilian army that invaded Portugal in the second week of June through the central north, from Celorico da Beira to Coimbra and Leiria . An allied contingent of French heavy cavalry travelled with them. The power of numbers was on their side—about 32,000 men on

2187-478: The Netherlands , Germany , Poland , Switzerland , Sweden , Denmark , Norway , and Finland . While in some of these countries, there are limits on what restrictions the courts will see as enforceable or valid (e.g. Germany after 2001, where appeals courts have indicated this) a written and properly initiated contract, freely agreed upon, cannot be challenged by, for instance, invoking the circumstances under which

2268-661: The South Carolina Code of Laws and South Carolina Constitution . In Title 20 - Domestic Relations, CHAPTER 1, Marriage, ARTICLE 1, General Provisions, of the South Carolina Code of Laws, it covers the definitions and enforcement of prenuptial agreements. In the South Carolina Constitution, in ARTICLE XIV MISCELLANEOUS, Sec. 6. Marriage., prenuptial agreements are constitutionally protected. In

2349-618: The "great revealer of national consciousness ". The bourgeoisie and the nobility worked together to establish the Aviz dynasty , a branch of the Portuguese House of Burgundy , securely on an independent throne. That contrasted with the lengthy civil wars in France ( Hundred Years' War ) and England ( War of the Roses ), which had aristocratic factions fighting powerfully against a centralised monarchy. It

2430-400: The 1383–1385 crisis. The regent's privy council made the error of excluding any representation of the merchants of Lisbon. On the other hand, the popular classes of Lisbon, Beja, Porto, Évora, Estremoz, Portalegre and some other municipalities of the kingdom rose in favour of John (João), Master of Avis, seeing him as the national candidate (and the preferred national candidate). The first move

2511-464: The 1383–1385 crisis. Recognition from Castile would not arrive until 1411, after another Portuguese victory at the Battle of Valverde , with the signing of the Treaty of Ayllón . The English–Portuguese alliance would be renewed in 1386 with the Treaty of Windsor and the marriage of John I to Philippa of Lancaster , daughter of John of Gaunt. In 1387, taking advantage of the renewed alliance, John I, leading

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2592-639: The 1982 Falklands War . Marriage contract In some countries, including the United States , Belgium , and the Netherlands , the prenuptial agreement not only provides for what happens in the event of a divorce but also protects some property during the marriage, for instance in case of bankruptcy. Many countries, including Canada , France , Italy , and Germany , have matrimonial regimes , in addition to, or in some cases, instead of prenuptial agreements. Postnuptial agreements are similar to prenuptial agreements, except that they are entered into after

2673-505: The Castilian side versus 6,500 on the Portuguese. They immediately headed to the region of Lisbon and Santarém, the country's major cities. Meanwhile, the armies of John I of Portugal and Nuno Álvares Pereira joined together in the city of Tomar . After some debate, a decision was made: the Castilians could not be allowed to besiege Lisbon once again, since the city would undoubtedly fall, so

2754-525: The Commercial and Civil Code of Thailand. A valid and enforceable Thai prenuptial agreement legally requires that These conditions are found in clause 1466 of the Commercial and Civil Code of Thailand. Following the laws on Thai marriage, the prenuptial agreement mainly relates to assets and financial implications of marriage and establishes conditions of ownership and management of personal and concrete joint property and potential division of marital assets, if

2835-430: The Family Code of Ukraine. Marriage contracts, which reduce the rights of children and put one of the spouses in a poor material state, are not permitted by the above imperative regulation. Within the framework of the marriage contract, none of the spouses can acquire any immovable property or other property, which requires state registration. A prenuptial agreement is distinct from the historic marriage settlement which

2916-616: The Family Law Act. In the United States, prenuptial agreements are recognized in all fifty states and the District of Columbia, and they are enforceable if prepared by state and federal law requirements. It has been reported that the demand for prenuptial agreements in the United States has increased in recent years, particularly among millennial couples. In a 2016 survey conducted by the American Academy of Matrimonial Lawyers (AAML), member attorneys reported seeing an increase, with

2997-623: The North Carolina General Statutes and North Carolina Constitution . Chapter 52B of the North Carolina General Statues, titled The Uniform Premarital Agreement Act, covers definitions and enforcement of prenuptial agreements. In the North Carolina Constitution, in ARTICLE XIV MISCELLANEOUS, Sec. 6. Marriage., prenuptial agreements are constitutionally protected. Prenuptial agreements are codified in

3078-454: The Portuguese would intercept the enemy in the vicinity of Leiria , near the village of Aljubarrota. On August 14, the Castilian army, very slow due to its huge numbers, finally met the Portuguese and English troops. The ensuing fight, the Battle of Aljubarrota , was fought in the style of the Battles of Crécy and Poitiers . These tactics allowed a reduced infantry army to defeat cavalrymen with

3159-567: The Supreme Court's ruling is that a premarital agreement entered into by a same-sex couple in one state is fully enforceable in another state in the event of a divorce. Certain federal laws apply to the terms that may be included in a premarital agreement. The Retirement Equity Act (REA) of 1984, signed into law by President Ronald Reagan on August 23, 1984, reconciled confusion over whether ERISA preempted state divorce laws, thereby preventing pension plans from complying with court orders giving

3240-447: The UPAA. Unlike all other contract law, consideration is not required, although a minority of courts point to the marriage itself as the consideration. Through a prenup, a spouse can completely waive rights to property, alimony, or inheritance as well as the elective share, and get nothing in return. Choice of law provisions is critical in prenups. Parties to the agreement can elect to have

3321-429: The UPAA/UPMAA do have some variances from state to state, but this framework of laws has certainly made it much easier for legal practitioners to prepare enforceable marital agreements for clients by clearly stating the requirements. For instance, under Florida law, there is a very material difference in what is required to enter into a legally binding prenuptial agreement versus a postnuptial agreement. To validly waive

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3402-412: The United States. The Dept. of Homeland Security requires people sponsoring their immigrant fiancé to come to the U.S. on a Visa to provide an Affidavit of Support, and it is important to take into account the Affidavit of Support obligation for a U.S. sponsor about to publish a prenuptial agreement. The Affidavit of Support creates a 10-year contract between the U.S. Government and the sponsor, requiring

3483-420: The accrual system or without application of the accrual system . If the parties marry without accrual , the spouses' respective estates would always remain separate and neither party will have any proprietary claim against the other by the marriage. If the parties marry with application of the accrual , their respective estates would remain separate during the subsistence of the marriage. Upon dissolution of

3564-495: The agreement will expire. In Maine , for prenuptial agreements executed before October 1, 1993, unless the parties renew the agreement, it automatically lapses after the birth of a child. In other states, a certain number of years of marriage will cause a prenuptial agreement to lapse. In states that have adopted the UPAA ( Uniform Premarital Agreement Act ), no sunset provision is provided by statute, but one could be privately contracted for. Note that states have different versions of

3645-420: The assembly of the kingdom. There, on April 6, he was proclaimed the tenth king of Portugal, a clear act of defiance against the Castilian pretensions. John I of Portugal nominated Nuno Álvares Pereira Constable of Portugal and went to subdue the resistance still surviving in the north. John I of Castile was not pleased. His first move was to send a punitive expedition , but the forces were heavily defeated in

3726-467: The capital he was only a designated king. Meanwhile, John of Aviz had surrendered the military command of the resistance to Nuno Álvares Pereira. The general continued to attack cities loyal to the Castilians and to harass the invading army. John of Aviz was now focused on diplomatic offensives. International politics played an important role in deciding Portuguese affairs. In 1384, the Hundred Years' War

3807-431: The children of the marriage, in particular, custody and access issues. The reason behind this is that matters involving children must be decided in the children's best interests. However, this is controversial: some people believe that as custody battles are often the worst part of a divorce, couples should be able to settle this in advance. Courts will not enforce requirements that one person will do all housework or that

3888-424: The children will be raised in a certain religion. In recent years, some couples have included social media provisions in their prenuptial agreements, setting forth rules as to what is permissible to be posted on social media networks during the marriage, as well as in the event the marriage is dissolved. A sunset provision may be inserted into a prenuptial agreement, specifying that after a certain amount of time,

3969-401: The city's port in the river Tagus , in a severe drawback to the independence cause. Without the capital and its riches and commerce, little could be done to free the country from the Castilian king. On his side, John I of Castile needed Lisbon, not only for financial reasons, but also for political ones—neither he nor Beatrice had been crowned as monarchs of Portugal, and without a coronation in

4050-648: The decision in Radmacher and recommended the creation of a 'qualifying nuptial agreement' regime by Parliament which would create a completely binding pre-nuptial agreement so long as certain requirements were met. The Commission's recommendations have yet to be implemented. In contrast to the rest of the United Kingdom, prenuptial agreements are generally regarded as being legally enforceable in Scotland . The legal status of prenuptial agreements in Northern Ireland

4131-467: The drafting process. To financial issues ancillary to divorce, prenuptial agreements are routinely upheld and enforced by courts in virtually all states. There are circumstances in which courts have refused to enforce certain portions/provisions of such agreements. For example, in North Dakota , the divorce courts retain jurisdiction to modify a limitation on the right to seek alimony or spousal support in

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4212-464: The free consent of the parties. However, Section 23 of the same act states that a contract may be void if they are immoral or against public policy. Goa is the only Indian state where a prenuptial is legally enforceable, as it follows the Portuguese Civil Code , of 1867. A prenuptial agreement may be signed between the two parties at the time of marriage, stating the regime of ownership. If

4293-505: The interests of any child of the family. Radmacher holds that the courts will give effect to a nuptial agreement that is freely entered into by each party with a full appreciation of its implications unless in the circumstances prevailing, it would not be fair to hold the parties to their agreement. The case provided substantial amounts of guidance relevant to all nuptial agreement cases that have occurred since 2010. The Law Commission 's 2014 report on Matrimonial Property generally accepted

4374-448: The king settled for his wife's first choice, King John I of Castile . Ferdinand had waged three wars against Castile during his reign, and the marriage, celebrated in May 1383, was intended to put an end to hostilities by a union of the two crowns but was not a widely-accepted solution. The dynastic union meant that Portugal would lose independence to Castile. Many nobles were fiercely opposed to that possibility but were not united under

4455-446: The last minute (as people often do). If the prenup calls for the payment of a lump sum at the time of divorce, it may be deemed to promote divorce. This concept has come under attack and a lawyer should be consulted to make sure the prenup does not violate this provision. In California, through a prenuptial agreement, a couple may waive their rights to share property (community property). The agreement can limit spousal support (although

4536-589: The law of the state they are married in govern both the interpretation of the agreement and how property is divided at the time of divorce. In the absence of a choice of law clause, it is the law of the place the parties divorce, not the law of the state they were married that decides property and support issues. In drafting an agreement, it is important to recognize that there are two types of state laws that govern divorce – equitable distribution , practiced by 41 states, and community property , practiced in some variation by 9 states. An agreement written in

4617-513: The link to point directly to the intended article. Retrieved from " https://en.wikipedia.org/w/index.php?title=Portuguese_Interregnum&oldid=1245331314 " Category : Disambiguation pages Hidden categories: Short description is different from Wikidata All article disambiguation pages All disambiguation pages First Portuguese Interregnum [REDACTED] Kingdom of Portugal [REDACTED] Crown of Castile The 1383–1385 Portuguese interregnum

4698-477: The marriage (for instance if one part has sold or wrongfully mortgaged a piece of property that had been set aside by his/her partner). Under provisions of Section 10 of the Family Code of Ukraine, marriage relationships, rights, and duties of spouses can be regulated by a marriage contract as well if spouses wish to settle their property relations in another manner then it is provided by the Family Code of Ukraine. A marriage (prenuptial) contract can be concluded by

4779-458: The marriage broke down or the conduct of either part. In France, The Netherlands and Belgium (as in Quebec , which has the same judicial tradition) prenuptial agreements must be set up in the presence of a notary . In many of the countries mentioned, pre-nuptials may also protect the non-shared property and money from being pulled into bankruptcy and can serve to support lawsuits and settlements during

4860-450: The marriage contract and the procedural issues of making the same are regulated by appropriate Instruction of the Ministry of Justice of Ukraine regarding the procedure of notarization of marriage contracts as well as far as notarization is required. Imperative requirements regarding the content of the marriage contract are provided by clause 93 of the Family Code of Ukraine, which states that

4941-421: The marriage contract governs property relations between spouses, and determines their property rights and duties. A marriage contract can also determine the property rights and duties of spouses as parents but with certain limitations. Personal relations of spouses cannot be regulated by the marriage contract, as well as personal relations between spouses and their children. This rule is also provided by clause 93 of

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5022-502: The marriage will be dissolved. The prenuptial agreement also includes a list of each side's assets at the time of the marriage and guarantees, that debts and property before the marriage remain in possession of the initial owner or debtor. Personal property includes: (Mostly described at clause 1471 of the Commercial and Civil Code of Thailand): The joint property includes: Prenuptial agreements have long been recognized as valid in several European countries, such as France , Belgium ,

5103-510: The marriage, whether by death or divorce, the spouse with the lesser accrual would have a claim against the spouse with the larger accrual for half the difference between their accrual values. In India , prenuptial agreements are very rare and do not have any governing laws. However, with rising divorce rates, people are showing increasing interest in them. Some lawyers think that prenups don't have legal sanctity in India. However, some form of contract

5184-481: The naval combat. Despite this minor success, the siege held on; the city of Almada on the south bank of the Tagus surrendered to Castile. But the siege was hard not only on the inhabitants of Lisbon: the army of Castile was also dealing with a shortage of food supplies, due to the harassment of Nuno Álvares Pereira, and the bubonic plague . It was the outbreak of an epidemic in his ranks that forced John I of Castile to raise

5265-412: The oral agreement. However, following changes in the statutory law, it has become much more difficult to change the character of a community or separate property without a written agreement. Parties can waive disclosure beyond that which is provided, and there is no requirement for notarization, but it is good practice. There are special requirements if parties sign the agreement without an attorney, and

5346-411: The parties must have independent counsel if they limit spousal support (also known as alimony or spousal maintenance in other states). Parties must wait seven days after the premarital agreement is first presented for review before they sign it, but there is no requirement that this be done a certain number of days before the marriage. Prenups often take months to negotiate so they should not be left until

5427-473: The pretensions of John I of Castile, who tried to be recognised as monarch iure uxoris , against the Treaty of Salvaterra . The armed resistance met the Castilian army on April 6, 1384, in the Battle of Atoleiros . General Nuno Álvares Pereira won the battle for the Aviz party, but victory was not decisive. John I of Castile then retreated to Lisbon in May and besieged the capital , with an auxiliary fleet blocking

5508-470: The previous legal framework on them to recognise changing societal and judicial views on the personal autonomy of married partners. Pre-nuptial agreements can now be enforced by the courts as part of their discretion in financial settlement cases under section 25 of the Matrimonial Causes Act 1973 so long as the three-stage Radmacher test is met and it is considered fair to do so, keeping in mind

5589-499: The river, the city had no hope of relief by the Aviz army, which was too small to risk an intervention and was occupied subduing other cities. An attempt was made by a Portuguese fleet to relieve the Castilian blockade. On July 18 a group of ships led by captain Rui Pereira managed to break the blockade and deliver precious supplies of food to Lisbon. The cost was high, since three of four boats were seized and Rui Pereira himself died in

5670-472: The siege on September 3 and retreat to Castile. Weeks later, the Castilian fleet also abandoned the Tagus, and Lisbon avoided conquest. In late 1384 and the early months of 1385, Nuno Álvares Pereira and John of Aviz pursued the war, but they did not manage to subdue the majority of those Portuguese cities then in favour of the Castilian cause. Answering the call for help, English troops (an Anglo-Gascon contingent) landed in Portugal on Easter Day . They were not

5751-528: The sponsor to financially support the immigrant fiancé from the sponsor's resources. As the I-864 form expressly states, divorce does not terminate the support obligations the sponsor owes to U.S. Government, and the immigrant spouse has rights as a third-party beneficiary of the support promise the sponsor makes in the I-864 Affidavit. As such, any waiver of alimony in their prenuptial agreement must be drafted in

5832-404: The spousal rights that would ordinarily be available to a surviving spouse under Florida law (such as homestead, elective share, exempt property, family allowance, etc.), the parties have to make a full and fair disclosure of their assets and liabilities to each other before entering into a postnuptial agreement. In contrast, no financial disclosure is required to waive those same spousal rights in

5913-471: The strongest interest in protecting increases in the value of the separate property, inheritances, and division of community property. In the past, couples entered into premarital agreements with a level of uncertainty about their validity. Today, the presumptive validity and enforceability of such agreements in states that have adopted the UPAA/UPMAA including Florida, Virginia, New Jersey, and California,

5994-420: The use of longbowmen in the flanks and defensive structures (like caltrops ) in the front. The Castilian army was not only defeated, but annihilated. Their losses were so great that John I of Castile was prevented from attempting another invasion in the following years. With this victory, John of Aviz was recognised as the undisputed king of Portugal as John I, putting an end to the interregnum and anarchy of

6075-484: Was a war of succession in Portuguese history during which no crowned king of Portugal reigned. The interregnum began when King Ferdinand I died without a male heir and ended when King John I was crowned in 1385 after his victory during the Battle of Aljubarrota . The Portuguese interpret the era as their earliest national resistance movement to counter Castilian intervention, and Robert Durand considers it as

6156-513: Was at its peak, with English and French forces in a struggle for the crown of France. The conflict spilled beyond the French borders, and influenced, for instance, the Western Schism in a papacy only recently moved to Avignon from Rome. Castile was a traditional ally of France, so, looking for assistance in England was the natural option for John of Aviz. In May, with Lisbon under siege, an embassy

6237-519: Was concerned not primarily with the effects of divorce but with the establishment and maintenance of dynastic families, or a divorce settlement entered into by parties in connection with dissolving their marriage. Prenuptial agreements historically had not been considered legally enforceable in England and Wales due to a reluctance on the part of the judiciary for public policy reasons. The 2010 Supreme Court test case of Radmacher v Granatino , overturned

6318-454: Was partly enacted to ensure that a prenup that was validly entered into in one state would be honored by the courts of another state where the couple might get a divorce. The UPMAA was subsequently promulgated in 2012 by the ULC to clarify and modernize inconsistent state laws and create a uniform approach to all prenuptial agreements and postnuptial agreements that: The laws enacted by states adopting

6399-603: Was perhaps unsurprising as one of the Judges in Radmacher (Lord Collins) also sat in Hong Kong as an NPJ. (Similarly, the successful leading counsel for Frau Radmacher, Richard Todd QC was also leading counsel for Madame S. in SPH v SA). The prenuptial agreement in Thailand is concluded by mutual consent of the man and woman who want to marry. Under Thai law, a prenuptial agreement is recognized by

6480-438: Was sent to Richard II of England to make a case for Portuguese independence. Richard was seventeen years old in 1384, and power lay with his uncle John of Gaunt, 1st Duke of Lancaster and regent of England. Despite initial reluctance to concede men, John of Gaunt finally agreed to levy troops to reinforce the Portuguese army. Lisbon was struggling with famine and feared defeat by the Castilian siege . Blocked by land and by

6561-460: Was taken by the faction of John of Aviz in December 1383. João Fernandes Andeiro, Count of Ourém, called Conde Andeiro, the detested lover of the dowager queen, was murdered by a group of conspirators led by João of Aviz. Following this act, John, acclaimed "rector and defender of the realm" by the people of Lisbon, and also supported by the city's great merchants, was now the leader of the opposition to

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