Proving that an agreement has been “freely concluded” can sometimes be a little less easy. As with any legal agreement, there should be no coercion or misal representation. Case law recognizes that coercion may be more subtle than the direct threat of injury or damage to a person or family, and it is therefore necessary that a marriage contract be concluded at least 21 days before the marriage in order for it to be considered valid. The underlying idea is that the establishment of an agreement in the few days before a ceremony, perhaps accompanied by threats not to do the marriage without an agreement, would amount to coercion. Such pressure could be exerted well before marriage, but 21 days is considered sufficient protection. Note, however, that the Power Commission`s 2014 report on Property, Needs and Conjugal Agreements recommended that 28 days would be more appropriate. It seems sensible to conclude that, as long as the agreement is not concluded so far before a ceremony, it is obsolete (usually no more than a year), the more “respite” there is between the two events, the better. What to keep in mind for couples with marriage contracts whose marriages have been postponed by the COVID-19 pandemic, especially given the financial impact it has had and will continue to have: a fair and reasonable agreement, accompanied by full disclosure and in-depth advice, may ultimately be rendered ineffective by higher events. 10. Scruples: It is true that you can agree to give up your right to inherit from your spouse, which you would have the right to do after the death of your spouse, even if he has excluded you from a will.
You can sign your spousal pension entitlement if you end up in divorce court, even if your spouse earns ten times more money than you. You can even accept that your spouse receives the entire property and you will receive all the bills if you want to do so. But if the deal is so grossly unfair that one party would face serious financial hardship while the other prospered, it is unlikely that the court would impose it. In principle, “unscrupulous” contracts are generally considered invalid and pre-marital agreements are no exception. If you are considering a marriage, you should consider whether a marriage contract would be in your best interest. If you decide to pursue a prenup, be sure to hire a lawyer who understands what is needed for a marriage contract to be implemented. Our experienced team at O`Connor Family Law can help you create a marriage contract that suits your needs and has the best chance of being considered enforceable. Call again today to arrange a recording, so we can work on your pre-marital agreement and protect your future! If the parties enter into a pre-marital or post-marital agreement, questions of interpretation and/or validity may arise in the context of future divorce proceedings. There are specific presumptions that apply to these agreements, some of which are rebuttable and can be overcome with sufficient evidence. The law has changed several times over the years with respect to the issues that can be dealt with in a pre-marital agreement.. .