Prenuptial And Postnuptial Contracts
These are agreements made by couples before and after marriage, covering all sorts of issues including detailed finance and sometimes behaviour.
Understanding Prenuptial Agreements: Protecting Assets and Ensuring Fairness in Divorce Proceedings
There is no statutory recognition of these agreements yet, but such contracts are increasingly more reliable when divorce proceedings are subsequently initiated. This particularly applies to older couples with children by previous partners, and those with financial resources which significantly exceed any reasonable needs of both.
Of course, if YOU don’t have a Pre Nup, YOU can’t enforce it!
We have long experience in prenuptial agreements involving substantial assets, but many people with more modest funds can benefit from an agreement to protect previous families upon remarriage.
However please note that to have any hope of being effective, the agreement:
- Must not be made under duress (including a refusal to marry unless they agree),
- Must be made after full disclosure of finances,
- Must be made at least a month before the wedding, and
- Must be fair and reasonable.
Benefits of Prenuptial and Postnuptial Agreements
A prenuptial agreement is usually designed to protect the assets of the wealthier party in the event of divorce or civil partnership dissolution.
However, it may also be insisted upon by a poorer partner, who wishes to make it clear that they are not marrying to acquire automatic rights to their partner’s wealth.
A postnuptial agreement may be made when spouses contemplate making wills, especially if there are children from previous relationships. Any postnuptial agreement, properly prepared, and advised upon, together with a clear and valid will can avoid traumatic and expensive disputes over the estates of parents and stepparents for the benefit of the whole family.
Follow my lead: click here to get started
“Penny and Mike. Can I take this moment to say thank you to you and your staff for the kind professional manner in dealing with my difficult situation. I will recommend you whole heartedly to anyone that would need your assistance.”