Pre-nuptial Agreements

Peace of mind

for you and your partner

In the fervour of wedding planning, the focus is generally on the big day itself or the honeymoon to follow. All too often, little thought is given to the inevitable ups and downs of marriage and certainly any consideration of the possibility of relationship break down or divorce is rare. Here, many would argue that this is natural: why would anyone get married if they can foresee the possibility that it might not work out? However, with 1 in 3 marriages ending in divorce, a bit of 'worst case scenario' planning might just prove to be a practical and preventative measure.

Although there is nothing romantic about pre-nuptial agreements, they are now considered by many to be an important part of common sense, personal planning. By highlighting and discussing the base materialistic facts in a relationship, it can provide clarity thereby avoiding potential thorny issues or disagreements in the future.

The contents of a pre-nuptial agreement can vary, but they commonly include provisions for the division of assets if the relationship breaks down at a later date. Pre-nuptial Agreements are not currently legally binding, however the Courts will consider the Agreement along with all the other surrounding circumstances. This will include considerations such as;

  • length of marriage
  • financial contributions made by each party
  • provision in contract for support of wife and child
  • whether information, financial or otherwise, was shared openly and honestly
  • the parties' intentions at the time.

 

A Post-nuptial Agreement can be entered into after marriage to reflect any changes you wish to make to your pre-marriage agreement. A Post-Nuptial Agreement can thereafter be revised over the years to incorporate any significant changes in your circumstances.