Let's talk prenups (prenuptial agreement)!

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Yes, they do exist under Jamaican law, but why haven't you heard anything about them? Well apart from the 'hush hush' regarding this topic, the term 'prenuptial agreement' is foreign to our legislation.

The Property Rights of Spouses Act (PROSA) guides the court on matters such as the distribution of assets when a couple is going through the process of divorce. PROSA does recognize instances where parties form a contract or agreement as to how their assets are to be distributed in the event of death, divorce or separation. In most instances, a court will uphold this agreement.

However, there are certain criteria, which must be followed for the court to uphold this agreement:

1. Each party must obtain independent legal advice
2. The agreement must be signed by both parties and witnessed by a JP or the respective Attorneys
3. The agreement must be fair and just
4. Neither party should be coerced or forced into signing the agreement

Interested in doing a prenuptial agreement? Then let's talk legal!

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