But the hope is that you get married and you will never have to look for or think about the agreement. Historically, it was considered contrary to public policy for a couple who were about to marry to enter into an agreement that provided for the possibility of separating them. It was assumed that a separation agreement could serve as an incentive for separation. In the past, such agreements were therefore null and for all, and the Tribunal would not take them into account. The Prenup is signed at least 21 days before the wedding, in order to avoid the claims being arranged in haste or by pressuring a party Both parties should certainly keep a copy of the agreement that the lawyer will provide you. Your lawyer should also keep a secure copy, and if the unfortunate event of a divorce occurs, they will produce it and the courts will decide on that point. “The reason the court should give weight to a marriage agreement (ANP) is that individual autonomy must be respected. The court should pay tribute to a couple`s decision on how their financial matters should be resolved. It would be paternalistic and patronizing to simply terminate their agreement on the basis that the court knows best.
This is particularly true when the parties` agreement takes into account existing circumstances and not just the contingencies of an uncertain future. Yes, it is possible to challenge a marital agreement. However, there must be legitimate reasons for a judge to consider this issue. Agreements that could be challenged may meet one or more of the following criteria: once your marriage contract is established and you and your partner are both satisfied, there is hope that you will marry and that you will never have to think about it again. There are several reasons why a prenup can be invalidated. The following reasons are not exhaustive; If you have any questions, it is best to seek legal advice. Without the advice of a legal expert, you could fall into several traps when preparing a prenupe.