Wealth/Asset Protection

Pre-Nuptial agreements are entered into before marriage and set out what should happen in the event of a future marriage breakdown. Post-Nuptial agreements are entered into after the marriage. Both agreements are often seen as a form of insurance. They prepare for future separation of the parties just as insurance policies may deal with the hopefully never to occur fatal accident or fire.

Although engaged couples do not wish to focus on what will happen should the marriage breakdown, many are fearful of how expensive and unpleasant a divorce is. Such issues can be important when couples are marrying for the second time and perhaps wish to preserve their wealth for their children from their first marriage or where one party has wealth from inheritance that they wish to protect.

Although the agreement cannot exclude the jurisdiction of the Court, Pre and Post Nuptial agreements are a relevant factor that may be taken into account when looking at financial settlements and the terms can be decisive.

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