If one is engaged and will not get married without a prenuptial agreement, this is now "undue influence?" So, one needs to get a prenuptial agreement before the engagement now?
If a woman has signed a prenuptial agreement and decides later that she won't marry under the prenuptial agreement, is this undue influence on the man? If he marries her anyway, does she lose the entitlements she had previously signed away in the prenuptial contract because of the threat not to marry under the prenup? Want to bet?
When he changes his mind about whether marrying under the default marriage contract is wise and refuses to marry without a prenuptial contract, the law calls this undue influence. On the other hand, if she changes her mind about whether marrying under the prenuptial contract is wise and refuses to marry without the default marriage contract, the law does not consider this undue influence?
This is a disgustingly bad, asymmetric, and inconsistent decision. One of the latest epicycles to the marriage entitlement ideology.
https://smolyhokes.blogspot.com/2017/10/marriage-entitlements-and-epicyles.html
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https://www.cardiff.ac.uk/news/view/1002469-cardiff-academics-research-applied-by-the-high-court-of-australia
Dr Thompson commented, “The effect of this judgment is significant. The High Court of Australia has introduced a much more expansive and contextual understanding of what can constitute undue influence. It was previously unclear whether a court would find undue influence when one party threatened to end an engagement unless a prenuptial agreement was signed. The High Court has now established that the effects of such threats are important and relevant to whether a prenuptial agreement has been entered into freely.”
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