If one of the parties will become destitute if a premarital agreement is enforced, the court is likely to still enforce the agre
ement because it is a contract and parties are free to make bad bargains. consider only whether the terms of the agreement were fair at the time the agreement was entered. find that enforcement of the terms of the agreement would bring about an unconscionable result and not enforce it. enforce the agreement and seek public assistance for the destitute party.
<u>Consider only whether the terms of the agreement were fair at the time the agreement was entered</u>.
Explanation:
Prenuptial agreements are regularly used to protect the inheritance of children in a previous marriage, prevent the fruit of work of one of the parties being divided once there is an early break (usually occurs in case of marriages by interest) or prevent the debts of one of the parties involve the other party, however, you should always keep in mind that it is a legal contract and that if one of the parties does not agree with them, you should not sign them, however, in case <u>if a legal trial is filed on the basis of a prenuptial agreement, the judge beyond the assets that would be left to one of the parties or that would leave the other destitute is concerned about the terms in which said agreement was signed, is In other words, if both parties had the knowledge of their legal implications, they were of legal age at the time of signing them, some kind of trick was urged or not to deprive the other of what belongs to him, among other things</u>. terms that must be verified by the judge when making a decision.
