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Prior to marriage, one way to look at a prenuptial agreementis that you are planning for your marriage to fail before it starts. However, another way to look at it is thatalthough we marry for love, a marriage involves so many important social,economic, and property elements that communicating about those beforehand issimply the responsible thing to do. Ifeveryone had a good prenuptial agreement prior to marriage, and their clients might spend lesstime in court.
A prenuptial agreement is a contract; but it significantlydiffers from a regular contract in at least three ways. First, married parties are not in a neutralrelationship and are often not in equal bargaining positions. Second, the ?contract? concerns very personalissues like property and spousal support. Third, the contract is for what might happen in the future, andcircumstances might change between the time a
Furthermore, prior to entering into and relying on aprenuptial agreement, you should consider whether the agreement will beenforced in court. The court willconsider whether the agreement is fair to the party not seeking enforcement,whether each party freely entered into the agreement, whether each party hadthe chance to consult his own prior to signing, and whether fulldisclosure about the property involved in the agreement has been made to bothparties.
A prenuptial agreement, if drafted properly through a