If you are likely to marry or even live with a partner, and wish to preserve all assets or income, you should consider entering into a marriage or cohabitation agreement. If your partner wants you to sign an agreement, you should ask for its content and impact, as you may be related to it, even if you don`t get advice. While it may be a bit of a mood killer to mention a marriage deal and plan your marriage at the same time, a conversation can avoid a heated argument and considerable legal costs below. 39. Once again, her lawyer warned the woman that she would “be much better” either under the 1973 acts and/or the 1989 laws. It has been clearly informed that it will jeopardize its future rights by signing the agreement and that it must consider that it should be subject to its terms when it signs. The woman told me during her oral evidence that she understood this advice. It is not uncommon for her lawyer to ask her in these situations to sign a formal waiver recognizing the advice she had received with respect to the agreement. A second attendance note, written that day, shows that she “was still extremely uncomfortable with the signing of the agreement and confirmed that she felt under enormous pressure to do so. She confirmed once again that the bargaining powers were all on [her future husband`s] side and that she felt a little unable to do or say anything about the proposed agreement.” During this second meeting, she asked her lawyer what might happen if, in a few years, she challenged the terms of the agreement in a future divorce proceeding. The attendance note must provide the following information:- findings regarding the circumstances of the signing of the marriage agreement46.

After careful consideration of the oral evidence I heard from the parties, as well as the simultaneous evidence contained in the counsel`s attendance notes, I came to the following conclusions as to the circumstances in which this marriage agreement was signed. 60. This is not a case where this man threatened the woman without being sent.

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