If you are a business owner, a high earner, have valuable assets, inherited wealth, marrying later in life or shall benefit from a trust, it is advisable to consider a prenuptial and/or a postnuptial agreement.
Although the agreement is not legally binding, the Court can consider these agreements as a factor when dealing with financial claims during divorce proceeding. The law regarding these agreements is evolving. They should be considered where one party is contributing more to the assets than the other or is bringing assets into the marriage or relationship and wants to protect those assets against a future claim or to protect a future inheritance.
The pre nuptial agreement should be finalized at least 21 days prior  to the date of marriage, or alternatively a post nuptial agreement may be more appropriate, to prevent any assertions of duress or insufficient time to consider the agreement. Both parties should obtain independent legal advice before entering into a pre and/or post nuptial agreement.
There are various factors for the Court to consider regarding the influence that a pre nuptial or post nuptial agreement will have on the outcome of a divorce case. Our specialist family lawyers can provide detailed advice regarding the issues which are relevant to you in your particular circumstances and whether such an agreement would be advisable for you.
For family matters, please Contact Us in order to discuss how we can help you.
