Pre-nuptial agreements conditions differ from future reality

Niels Bohr “Prediction is very difficult, especially if it's about the future.” And now on to the main event: Why shouldn't pre-nuptial agreements be recognized in divorce courts? As we stated in our first entry, we shall demonstrate by the means of argumentation and analysis, showed so far, why it is always justice which must prevail on negotiation cases, specifically divorce procedures in this occasion. One of our points deals with the fact of having different realities at the time of creating the agreement and when executing it, being this the reason of abuses and unfair distributions of the assets. We shall proceed. Let's focus on the moment of elaborating the agreement, what should be considered in order to create a document which gives an impression of at least a little fairness between the two spouses? First of all we know that most of the times this documents are made with the intention of protecting individual possessions, so we may infer that the ideal agreement is one in which both persons feel secure and confident, and because of this the first thing to be done should be the valuation of the goods from each of the spouses, in order to decide which ones are worth enough to be included in the contract. Now, since the very beginning of the process it is evident the criteria applied into it is highly susceptible to change, we all know that the value of economical goods changes with time, but of course this is not limited to that, each day experiences contribute to the constant formation of human thinking patterns, and thus their perspectives. [[http://www.rebt-uk.org/]] For following with the line, the second step that is most commonly followed consists on thinking how does the agreement will affect the approaching compromise, this with the purpose of making clear what the limits of the one should be in order to contribute to the adequate development of the relation. It is here when the couple shall discuss what their expectatives and fears are, so that the final arrangement satisfies each of the spouses by including both of the interest and taking care of particularities and special conditions that may be present on it. Having done this the agreement may be almost complete, but it still reflects the ideology of the signers within a certain context and period of time, it does not ensures that this won't be susceptible of modification depending on the happenings in their lives. What we want to highlight, is that the basis of the reasoning at the time of crating the agreement is determined by conditions that will hardly be repeated at the moment of carrying it out. Even when at the mentioned moment the spouses were to think about the future and try to identify what most probably will happen in the next few years, those suppositions would be determined by the same conditions of the instant. In other words, there is no guarantee for ensuring that what we want for our lives in 2009 will fit to our expectatives in 2015 or 2020 and so on, for obvious reasons the amount of information available about the future is extremely limited and absolutely unreliable. Having said this, and taking into account that a very important element of a complete and substantial decision is the information about the topic, we might infer that such a restrictive quantity of data makes it excessively risky to rely on it for taking one of life's most important elections. For concluding, we would like to mention that although in modern days some couples tend to update their pre-nuptial agreements "adjusting to the changing environment" as the marriage develops, the fact of continually renewing them may bring a vague illusion of control over the desired possessions, but will never achieve to eradicate the uncertainty of predictions, and instead stimulate personal interests for molding the negotiations by acting in a stepped way. Having said this we would like to focus on the prevalence of justice in the courts and during the process, which we think is the main issue here.