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- Legal Glossary
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Prenuptial Agreements are made prior to marriage. Both parties set out their intentions as to how their assets and income are to be dealt with in the event of separation and divorce.
They are not binding upon the Court in divorce proceedings, but as they are becoming more common, Courts are becoming more inclined to uphold them.
How does a prenuptial agreement work?
When deciding whether to uphold a Prenuptial Agreement, the Court will consider whether:
- Both parties understood the nature of the Agreement at the time of signing
- They had the benefit of legal advice
- There was any duress
- There had been full financial disclosure
- It would be fair to uphold the terms of the Agreement
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- Highly experienced specialist lawyers
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