It is unlikely that a court will follow a marital agreement if it is very simple, has errors and you have not followed the right legal advice. Pre-marital agreements are becoming increasingly popular as couples become aware of the emotional, financial and family benefits of relationship planning. When planning a marriage, you may not necessarily think about what would happen if the marriage did not work. While it may seem strange to point this out at a time of great joy, it may be helpful to enter into a marriage contract in some cases, especially if you want to protect your assets or ensure that assets are kept for the children you may already have. Marital concordance is perceived by some as pessimistic and unromantic. Others argue that an agreement can save time, costs and trouble. An individual rarely enters into a civil marriage/partnership because he knows that things are going to go wrong. In most years, couples choose to enter into “agreements” that pay off their financial and non-financial obligations if their marriage ends in divorce. As with any contract with a potential international element, it is possible and potentially desirable to explicitly state that the agreement must be submitted to the jurisdiction of the English courts. Yes, but the lawyer can only give you general advice.
It is unlikely that counsel will be able to act for both parties with respect to the exact terms of the agreement. If you see the same lawyer and one of you decides to order them, the lawyer may not be able to act in the event of a conflict of interest. The lawyer may have simply given you general advice and your partner is happy that they are acting. However, this should be written into the agreement and it is important that your partner has the opportunity to seek independent legal advice. For example, if one party has put all the assets into the marriage and the other party has limited assets, it seems reasonable to give some capital or money to the latter party if the parties are divorced. This will minimize the potential burden between the parties and likely reduce the risk of a party attempting to overturn the legal agreement.