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Essay text:
When an ante-nuptial agreement provides disproportionately less than the party would have received under an equitable distribution, the party financially disadvantaged must have a meaningful opportunity to consult with counsel.
Reasoning: Public policy allows enforcement of prenuptial agreements.
Agreements are valid and enforceable if
(1) They have been entered into freely without fraud, duress, coercion, or overreaching;
- Spouse should have a meaningful opportunity to seek counsel.
- Here, the wife could have had counsel but refused it.
- Even though executed the day before the wedding, it could have been postponed had the wife wished to consult counsel b/c of the small size and informality of the impending wedding...
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