The Law Report examines the complexities of prenuptial agreements, focusing on a recent High Court case involving a poorly drafted agreement and its legal repercussions. The discussion highlights the challenges in drafting prenups that account for future events, particularly the birth of children, and the potential for lawsuits against lawyers for negligence. UTS Associate Professor Miranda Kaye shares insights from interviews with family law professionals, revealing common scenarios where prenups are used: protecting wealth, second marriages, and dynastic wealth. The episode further explores power imbalances in prenup negotiations, concerns about lawyer liability, and the ethical considerations of advising clients, especially young women, on these agreements.
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