WHY HAVE ONE?
Pre-nuptial and post-nuptial agreements are not strictly binding, but courts almost always uphold them if properly prepared.
So why have one? To protect:
- Businesses
- Inheritance
- Family wealth
- Unequal contributions
- Children from previous relationships
REQUIREMENTS FOR VALIDITY
- Independent legal advice
- Full disclosure
- No pressure or duress
- Signed well before the wedding
- Fair terms
WHAT THEY CANNOT DO
- Override a child’s best interests
- Exclude needs completely
- Prevent emergency support
KEY QUESTIONS
- What needs protecting?
- Is the agreement fair?
- Have we disclosed everything?
