Prenuptial agreements and Postnuptial agreements
Although we consider such agreements can be a very good idea for some couples it is important to know that, as the law stands today, such agreements can only be persuasive to the Court rather than totally legally binding.
However, this does not mean that they are a waste of paper: in general terms, the Courts will uphold a prenup or postnup agreement, where it is satisfied that:
- both parties had access to good legal advice when entering the agreement;
- the parties entered into the agreement freely and voluntarily;
- the agreement is not unfair and provides reasonably for both parties in all of the circumstances.
A carefully drawn agreement can, therefore, provide powerful protection – but the preparation of such an agreement will entail both parties having separate legal representation, a detailed examination of each party’s financial circumstances and expectations and careful drafting. Inevitably, such agreements can be costly, but we can advise you whether such an agreement is right for you.