You haven't split the text in a very logical place. The thing that the initiator fails to trust and appreciate is "the balance of good common sense and equity". "equity" in this case means "fairness".
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silak12fails to trust and appreciate the balance of good common senseOooh. Tricky. Prenups are normally insisted on by partners who have more to lose than their prospective spouse. I do not think that the initiator fails to trust and appreciate good common sense, indeed he or she must think that they have better common sense than their betrothed. The fail