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Prenuptial Agreements

If you have a prenuptial agreement, you really need an attorney to review it to give you advice on what property and support issues may be covered in the agreement. Most prenuptial agreements are entered into to protect separate property and income earned during the marriage. Some also cover maintenance and child issues. With regards to maintenance, the court retains the jurisdiction to order maintenance – even if it has been waived in a prenuptial agreement – if the original agreement is ‘unconscionable’ at the time of the divorce. Unconscionable generally means substantially unfair. Prenuptial agreements relating to children are generally unenforceable as if there is no agreement. The court will always look at what is in the best interests of the children at the time of the divorce.