There is something unique about an agreement between two people contemplating marriage that distinguishes it from a traditional contract arrived at after arm’s-length transactions. The contract between intended spouses (the prenuptial agreement or prenup) often occurs against a backdrop where hundreds of friends and family have been invited to observe
the ceremony, significant costs have been incurred for the intended wedding, emotions are high and there may well be one party who is looking to protect assets while the other party comes to the intended marriage with far less significant finances and fewer financial concerns.
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