First, it needs to be determined whether the jurisdiction where the prenuptial agreement is signed recognizes prenuptial agreements. If you and your partner are in Australia, you don’t have to worry about this.
In addition, to ensure that the prenuptial agreement can be enforced in any court, you must ensure that all of the following conditions are met:
- Full disclosure of both parties’ financial situation is made to allow for an informed decision to be made;
- Each person must seek independent legal advice;
- Ensure that both parties are voluntarily entering into the agreement without coercion or other improper influence;
- Sufficient time must be allowed before the marriage to sign the prenuptial agreement; and
- The agreement does not contain any unreasonable provisions.
If you have any questions about prenuptial agreement, please contact us immediately. Our lawyers are more than happy to answer any related legal questions for you.
*Disclaimer: This document is only a general guidance and cannot be regarded as a specific answer to your individual questions. The law is complicated, and we strongly recommend that you seek professional legal advice. Canaan Lawyers will not be liable for any loss of damage caused by any person due to the information contained or missing in the document.