Every state has rules for prenups, but the American Bar Association notes that “everyone requires that such agreements be `fair` procedurally and substantively. In order to determine whether an agreement is fair, the fundamental principles of contract law, such as capacity, coercion, fraud and unlawful influence, must be known. The reasons for making these agreements vary, although wealthy spouses usually issue marriage contracts for property protection. In addition, older couples may wish for such an agreement because they may have property or old-age income to preserve and protect it, and may wish that children from previous marriages receive part of their estate. 30. During that meeting, it turned out, as the wife later confirmed to me during her oral proceedings, that she and her husband had discussed the proposed terms of the agreement on the eve of Thursday, 6 November 2008. During this discussion, the husband agreed to link the interview and the £500,000 index package. This discussion undoubtedly followed the wife`s receipt of the draft document, which had been sent by e-mail in the afternoon. The husband acknowledges that she is unlikely to be aware of the conditions until a copy is sent to him, although he claims that the large numbers have so far been the subject of several conversations between them, a claim that the spouse does not accept. During the cross-examination, the woman denied that, during the conversation, on the 6th the substantive figures mentioned in the draft marriage contract were mentioned, although she accepted that the attachment of the index had been discussed and agreed on that occasion. On behalf of the husband, Mr. Marshall reminds me that there is no reference to this conversation in the wife`s written evidence. Furthermore, it is absurd to claim that there has been an abstract conversation about indexing without anchor in numbers.
I am prepared to accept this argument, because there is no longer any problem that the woman had a copy of the draft contract that had been emailed to her that afternoon by her lawyer to prepare for her meeting the next morning. I am not convinced that these specific figures have emerged during the many occasions for discussion over the years on marriage and marriage contracts. I accept that the woman knows how much the man`s first wife had received through a divorce agreement. I am also prepared to accept, based on the evidence I have heard, that she probably knew from these conversations that any marriage contract would include provisions for her future needs, both in terms of capital and current “alimony”. The husband agreed that she did not see the numbers in the agreement on paper before it was sent to his lawyers. He also acknowledges that in the discussion they had in their rooms at the end of September 2008, when they agreed to continue to marry, there was no indication of numbers.31. Although the wife is concerned about her lawyer`s concerns at the 7th meeting She was clearly concerned about the advice she had received. This is what is recognized and recorded in the attendance note of his lawyer. She told SW that she felt under pressure and didn`t feel like she was able to negotiate with her husband because he had all the bargaining power in her relationship. Yet, as the attendance list indicates, while she acknowledged the steps he had taken to secure his fortune as much as possible, she “desperately wanted to get married.” The attendance note concludes with this passage: – If you need a marriage contract only in Danish, you can find it here The marriage contract signed in Thailand on the basis of the mutual agreement of the man and woman who want to get married….