How to Make Courts Take Notice of Pre-Nuptial Agreements

There are a number of ways to maximize the chances that the Court will pay close attention to a pre-nuptial agreement in the event of a divorce.

• Make sure that both partners receive independent legal advice about proposed agreement.
• Make sure there is full disclosure on by both parties about assets and expectations, so the pre-nuptial agreement is being made from an informed position.
• The more eventualities that your pre-nuptial agreement provides for, such as the birth of children and a sliding scale of entitlement for the spouse bringing less into the marriage, so that the longer that the marriage lasts, the greater their share: the more likely it is the Court will give consideration to the agreement.
• It is very important that both partners have time to consider any agreement and to discuss any changes they would like to make.
   

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