A pre-marital or pre-nuptial agreement is a document entered into between two people who intend to marry and wish to regulate, organise and plan their legal position in the event of marriage breakdown. Presently pre marital agreements are not binding in this jurisdiction and cannot tie the hands of the Court in any subsequent divorce.  However, provided the agreement is entered into in good time before the marriage, both parties have fully and frankly exchanged personal and financial information, and each have the opportunity of obtaining legal advice, then these agreements are more likely to be recognised by Courts as a factor to be taken into account in assessing the distribution of income and capital on divorce.


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