Should I have a Prenuptial Agreement?

When entering into marriage, nobody expects it will end in divorce and you rarely give consideration for the need of a prenuptial agreement. 

Since Radmacher –v- Granatino (2010), the general principal is the court’s will give effect to a prenuptial agreement that has been freely entered into with a full appreciation by all the parties of the implications unless there are circumstances prevailing it which make it unfair to hold the parties to such agreement. 

Please note, you cannot oust the court’s authority. If the court believes such agreement places one party at a disadvantage and is unfair then the court will still make financial provision for such party if the circumstances require this.

Why have a prenuptial agreement?

It will certainly be taken into account by the court as to the parties intentions at the time it was entered into in terms of what will happen to the marital assets in the event of a breakdown. Depending upon the circumstances of the case if you have pre-marital assets you wish to protect, I would always advice it is better to have one than not.