Do prenuptial agereements work?
The Jury is still out on this issue. Many courts do not recognise the legal
aspect for which they were intended. Family law will always win over any pre-formed personal contracts between
individuals prior to marriage.
However, were a divorcing couples affairs are uncomplicated
Courts are taking into consideration 'aspects' of the prenuptial agreement that will help to resolve
any disputes a lot sooner or add weight to a personal grievance.
We think that it won't be long before most prenuptial
agreements will be treated as fully binding contracts provided they conform to contract law which is
essentially based on fairness. Unfair or unreasonable prenuptial contracts will still be deemed
unworkable.
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