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Legal News
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Recently reported decisions of the Courts has lead to there being a greater judicial recognition of the enforceability of contractual agreements entered into by parties who are properly advised and fully understand their respective financial positions at the point of entry into the agreement. This judicial recognition is not purely related to pre-marital agreements but can also relate to contractual agreements entered into between the parties post marriage/post separation.
The recent case of NG v KR highlights the need for Pre-Nuptial Agreements to be properly drawn up and for certain safeguards to be in place. The Judge in the case summed it up by commenting: "To my mind, independent scrutiny of these Agreements remains as necessary in modern times as it was in the last century because of the vulnerability of parties involved at times of high emotion, where inequality of bargaining power may exist between them.”
We are happy to discuss Pre-Nuptial and post separation agreements with our clients.They are of value particularly in cases where there is a significant disparity in the financial positions of the parties.
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