What Is Required To Make Such Agreements Enforceable?

For any such agreement to be valid and enforceable by the court, it must be shown:

  • the parties knew their rights under the law;
  • the parties both entered into the agreement voluntarily and without coercion;
  • each party was sufficiently aware of the assets and income of the other party and disclosure required by law had been made or waived in reasonable circumstances;
  • each party had independent legal advice or had waived that right. The absence of any of the above might render any agreement wholly or partially invalid.

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