Planning for wealth protection is a must for individuals and families with substantial net worth. Our family lawyers work closely with our private client team to ensure that all bases are covered when planning for your financial future.
Nuptial agreements, whether pre or post a marriage, are becoming an increasingly popular wealth protection tool as a result of the rapid increase in support for those agreements by the family courts.
Nuptial agreements are not strictly binding contracts in the same way as many commercial contracts. However, provided they are entered into properly, there is a growing body of case law which suggests that the court will seek to honour the agreement the parties have made.
It is imperative to ensure that nuptial agreements are entered into with the benefit of specialist legal advice. Our family lawyers have a wealth of experience in this regard and will work with you to create an agreement that meets your needs and expectations. This will greatly assist you in avoiding costly litigation in the event of any future divorce.
Nuptial agreements are particularly important where there is family wealth and especially family business arrangements. They also offer extra comfort to individuals who have been married in the past and those who have children from previous relationships.
Q: Are pre nups legally binding?
A: The strict answer is no; the court retains ultimate jurisdiction over financial claims following a divorce and must approve any agreement that is entered into. However, provided such agreements are entered into properly, there are limited circumstances in which a party to a nuptial agreement will be able to wriggle out of it in the event it is called upon in the future.
Q: Why should I have a pre nup?
A: Although pre-nups are not strictly enforceable contracts, the court must take them into consideration when asked how to deal with a divorcing couple’s finances. If entered into properly, a pre-nup may have decisive weight. Pre-nups and post-nups are both excellent tools with which married or engaged couples can protect their respective financial positions and plan for the future.