Family Law
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.