Plan4 Divorce
Separation and divorce
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Marriage Breakdown
      Just another fact of life?    

  

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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