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Non Nuptial Agreement

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In the past, couples have entered into pre-marriage agreements with some uncertainty as to their validity. Today, the presumed validity and applicability of such agreements is no longer at issue in states that have adopted UPAA/UPMAA, including Florida,[25] Virginia,[25] New Jersey[26] and California. [28] Issues that may affect the validity of a cohabitation or notice agreement are generally viewed far too abstractly by the parties and counsel. The decline of the relationship or marriage is considered only as a distant possibility. All disputes over the agreement, which do culminate in litigation, are considered even more unlikely. Even if you were faced with an agreement that was the result of insufficient financial disclosure, signed under duress or in an unacceptable manner, some party – through independent legal advice – would probably have been sufficiently informed to be informed of the problems associated with the agreement. As soon as an agreement, although a marriage agreement, has been reached, the parties are expected to honour the commitments they have made. A party cannot simply explain later that it did not intend to live up to its end of good business. It is true that agreements that appear fair at the time of execution may become unfair at the time of the triggering event, depending on the evolution of the life of the parties. However, in a setting in which private parties are allowed to assume personal responsibility for their financial well-being after the dissolution of the marriage, courts should be reluctant to question their initiative and injunction, particularly where independent legal advice has been sought. What can we learn from the jurisprudence as Alberta Bench`s guide to the validity of pre-marriage and cohabitation agreements? It can be said with fug and A that, until today, these agreements are valid and applicable by an overwhelming majority if they are challenged. A party that wants to dismiss one of these agreements and a consequent reluctance of the Alberta courts remains a considerable burden of proof.

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