A prenuptial agreement is a document couples may choose to have drawn up just before they get married. The agreement sets out how things like finances, children, property and even pets will be dealt with should there ever be a breakdown in the marriage.
The purpose of a prenuptial agreement is to provide clarity, security, and certainty for the parties in the event of a divorce or dissolution proceedings and removes the unpredictability of such an event.
A prenuptial agreement is not legally binding on the Court, however, If the agreement has been entered into freely and willingly by both parties, and both parties were fully aware of the consequences of doing so, the Court is likely to hold both parties to its terms.
Our Family Law team at Clark Willis has experience in pre-nuptial agreements for business owners, high net worth individuals and where one or both parties may have assets or be resident abroad.
Rather than being seen as confrontational, a prenuptial agreement can be presented and discussed between partners openly and are becoming more commonplace in society as relationship patterns have evolved with multiple marriages and step-children prevalent.
Where parties are not intending to marry, at Clark Willis we can also assist with Cohabitation Agreements to set out the parties intentions.
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