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Fairly

Fairly

English law will give substantial weight, or even treat as if in effect binding a marital / civil partnership agreement which was ‘fairly’ entered into. ‘Fairly’ includes an absence of any duress, undue pressure, or misrepresentation. The law expects each to know the financial and other relevant circumstances of the other and what they may be giving up by entering into the agreement, (or actively choosing not to want to know). The law also expects each to have had independent legal advice in all relevant countries to make sure each knows their rights and to overcome possible duress or pressure (or to have actively chosen not to take legal advice). Analysis of the terms of a marital / civil partnership agreement by a court will consider the circumstances in which the agreement was entered.