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Heya here are ideas from today:

Proposition Opposition
Fewer disputes after a divorce: the
couple get the wealth they agreed to
get after the divorce.

It also discourages marrying for
money because rich people can
require their spouses to sign
pre-nuptial agreements.

The conditions of the marriage may
change with time. Conditions include
financial conditions as well as mental
and physical health. So pre-nuptial
agreements may not reflect the present
need.
The status quo isnt fair: judges can
decide who gets how much, which
isnt fair, and pre-nuptial agreements
are often rendered useless. So why
do they exist if they are useless?


Its not required that one signs a
pre-nuptial agreement. There is
always risk involved with signing
agreements, and one should think
before signing one.


Faked, forced prenuptial agreements
(but this is the same with all legal
documents, and they aren't not
enforced because of the possibility they
will be faked)
9here was also some talk about the risks involved (which is basically
converting the above points into risk form if that makes sense): risks of
not having your pre-nuptial agreement fulfilled if it isn't enforced vs
risks your needs will change dramatically with time & not getting what
you wanted even though (well nearly because) you signed the
pre-nuptial agreement.

and presuming you read the ONC article:

Other than adopting the jurisdiction of a country that recognizes PNAs, courts around the world,
may enforce or give weight to PNAs if it can be established that the following have been
fulfilled:
- full and frank disclosure of the parties finances so as to allowparties to make informed
decisions;
- independent legal advice;
- voluntary agreement, void of duress or undue influence;
- no coercion, a PNA should be signed well in advance of the wedding day;
- absence of any unconscionable terms.

to clarify: THIS = for countries that have enforced PNAs or have not enforced PNAs?

oh the bottom part from the ONC is re: fairness point :)

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