Considering Pre-Nuptial and Post-Nuptial Agreements
If you are planning to marry, it is worth considering a pre-nuptial agreement. This agreement, created before marriage, outlines what should happen to assets if the marriage were to end.
A pre-nuptial agreement is particularly advisable if one partner owns property or significant financial assets acquired before the marriage. It is also useful where third parties, such as parents, contribute funds towards an asset purchase.
Historically, courts were reluctant to enforce pre-nuptial agreements. However, their stance has evolved, and agreements are now given considerable weight, provided they are properly executed with the intent to be binding. Courts will generally uphold them unless there is a strong reason not to.
Pre-nuptial agreements also promote transparency and mutual understanding, potentially reducing future disputes. By addressing financial arrangements early, couples can enter marriage with clear expectations.
For those already married, a post-nuptial agreement can offer similar benefits. These agreements are particularly relevant when protecting assets received through inheritance or gifts or safeguarding interests in a new business venture.
Whether pre-nuptial or post-nuptial, our team can provide expert advice and draft tailored agreements to suit your circumstances. We aim to ensure clarity and protection for your future.
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