💡 Ask the Expert: How to Handle a Divorce (Part 2)

They can be persuasive but are not definitely binding in every circumstance. Factors that may help persuade the Court to follow the pre-nuptial agreement include the duration of the marriage (with more weight given to the pre-nuptial agreement in short marriages), whether the pre-nuptial agreement was formalised in a foreign jurisdiction that parties got married in, whether both parties were legally advised before signing the agreement, etc.