Prenuptial Agreements & Postnuptials

Prenuptial agreements, and those made after marriage or civil partnership, have become much more common in recent years, and not just among the wealthy.

Previously thought to be reserved for the rich and famous, prenuptial agreements are now more common than people may think.

Making provision for the future is rarely a bad idea.

Prenuptial agreements, or ‘prenups’, may be considered un-romantic, but if you have assets that you want to ensure are protected in the event of a future divorce or dissolution, then it may be worthwhile preparing one.

By using an experienced family lawyer to help you and your partner draft your prenuptial agreement, you can ensure that all relevant details are covered and that it is correctly drafted.

Additionally, the benefits of a prenup or postnup are considerable when viewed against the typical costs of contested financial proceedings in the Family Court.

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What does a prenuptial agreement cover?

Every prenuptial agreement is individual to each couple and will be tailored to their particular and unique circumstances.

Here are a few circumstances in which you may wish to consider a prenuptial agreement before entering into marriage with your partner:

  • You have children from a previous relationship that you wish to set funds aside for
  • You own or run a business and want to ensure your interests in it are protected
  • You own property that you wish to keep separate
  • You have substantial wealth that you wish to protect

A detailed document providing for the distribution of assets on any subsequent relationship breakdown  creates certainty and aims to remove or reduce any acrimony that might otherwise exist when negotiating a financial settlement.

You would only need to refer back to the agreement if things didn’t work out :  one of the benefits of a prenuptial agreement is keeping a divorce amicable and as pain-free as possible.

Is a prenuptial agreement legally binding?

Provided that certain safeguards are met, it is likely that the Court will give the agreement very significant weight in the event of any subsequent divorce. Safeguards include but are not limited to:

  • Both parties entering into the agreement freely;
  • Ensuring that proper provision is made for any children;
  • Full and frank disclosure.

Our friendly family lawyers are adept at advising on and drafting prenuptial agreements and postnuptials, too, and are very experienced in highlighting relevant details that may otherwise have been missed.

  • What's the difference between prenup and postnup?
  • Are postnuptial agreements enforceable?
  • What can and cannot be included in a prenuptial agreement?
  • How am I protected in the event of a divorce?

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