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Does a pre-nup or premarriage agreement give me full protection?
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By setting out details of what you would like to happen, you have a clear record that you can ask the court to enforce if anything were to be disputed. If the court considers it to be a fair agreement it is likely to follow it.
However, for the court to view it as fair both partners need to have fully disclosed all of their financial circumstances - and that you both entered into the agreement freely, fully aware of the what you were signing. So although one partner may instruct us to prepare the agreement the other must take separate and independent legal advice.
Frequently asked questions
- Can you act for both of us?
- Can you get a pre-nup agreement if you are not getting married?
- Do I even need a lawyer to prepare my pre-nup? We’ve agreed everything for our premarriage agreement already…
- Does a pre-nup or premarriage agreement give me full protection?
- Isn't a pre-nup agreement at odds with the romantic nature of marriage?
- What type of issues can be covered by a pre-nup or premarriage agreement?
- When should the premarriage agreement or pre-nup be prepared?
- Will our child/children be protected by a premarriage agreement?
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