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Forum
Started Nov 29 2012, 07:43
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Nov 29 2012, 07:43
HOW DO YOU GET A PRE-NUPTIAL AGREEMENT?
It is very essential that if you are considering making a Pre-nuptial Agreement that it is done right, recent cases have shown that legal 'slip-ups' are not looked upon favorably by the Court and this could result in an agreement being set aside. This means that, not only is the agreement a waste of time as it is not enforceable, but your assets are then open to being distributed as the Court sees fit.
The legal necessities for making a valid Pre-nuptial Agreement are strict, and Specialist Family Law advice must be sought. The following steps are essential in making a binding agreement:-
• Each party must receive independent legal advice;
• The legal advice must be from a lawyer in the Australian jurisdiction (this may be obvious but there have been some cases where agreements have been set aside because legal advice was received from a lawyer practicing in another country);
• The agreement must be in writing;
• It should be drafted and signed in the presence of a lawyer and
• It must contain a complete disclosure of assets, liabilities, expenditure and income;
Two probable problems can arise in the preparation of a Pre-nuptial Agreement, non-disclosure and unreasonable pressure (duress). Great care should be taken that neither of these occur, if they do then it can be a basis for the setting aside of the agreement.
Ahqaf
Contract ID#12357250
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