Prenuptial Agreements

If you are planning to marry and have property and/or assets in your sole name that you would wish to retain in the event of your divorce, we can assist you to prepare a Prenuptial Agreement.

Upon divorce, the Court would regard your property or assets as “joint matrimonial assets” and the Court has the power to make orders transferring those assest to your spouse. If a Prenuptial Agreement has been entered into prior to the marriage, the Court will take this into account when determining settlement of financial matters.

The Prenuptial Agreement is not one hundred per cent binding upon the Court, but is a factor that the Court will take into consideration when deciding what financial orders to make, if any.

We would be able to advise you of certain steps that should be taken during the process of entering into the Prenuptial Agreement, to ensure that your position is as safeguarded as possible.

Prenuptial Agreements are a developing area of the law and are likely to play a more important role in resolving matrimonial disputes and be of a more persuasive impact in the future.