How is family property divided if there is a pre-existing agreement regarding the property?

When a pre-existing agreement regarding family property is in place, it holds significant weight in any subsequent dispute concerning the division of that property. The general principle in family law is that agreements made between parties, such as marriage contracts or separation agreements, are intended to be honored and enforced by the court, provided they are valid and meet necessary legal requirements.

If the agreement has been properly executed, represents the intention of both parties, and has not been set aside or challenged successfully in court, it should be followed as the guiding framework for dividing property. Courts will typically only override such agreements in specific circumstances, such as instances of undue influence, lack of capacity, or if the agreement is deemed unconscionable. In the absence of a successful challenge to the agreement, it will dictate how property is divided, rather than defaulting to an equal division or necessitating a new agreement.

Thus, the correct understanding is that the existing agreement must be adhered to unless there are compelling legal reasons to set it aside.