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  • 11 Nov 2022

    What can and cannot be included in a prenuptial agreement?

    Whilst no one likes to think of something ending when it has only just begun, prenuptial agreements intend to set certain terms in place in case the marriage ends. 

    There is not one typical type of prenuptial agreement. Instead, they are bespoke documents, created with the specific couple, and their finances and assets, at the centre.

    What CAN be included in a prenuptial agreement?:

    Difference between separate and joint property.

    What CANNOT be included in a prenuptial agreement?:

    Provisions detailing anything illegal

    What CAN be included in a prenuptial agreement?:

    Protection measures against any debts that your spouse may have.

    What CANNOT be included in a prenuptial agreement?:

    Decisions around child support or child custody

    What CAN be included in a prenuptial agreement?:

    Provisions around providing for any children from previous relationships.

    What CANNOT be included in a prenuptial agreement?:

    Waivers of child maintenance.

    What CAN be included in a prenuptial agreement?:

    Protections to keep family property in the family e.g., heirlooms

    What CANNOT be included in a prenuptial agreement?:

    Things that encourage divorce

    What CAN be included in a prenuptial agreement?:

    Estate plans protection

    What CANNOT be included in a prenuptial agreement?:

    Details about personal, rather than financial, matters

    What CAN be included in a prenuptial agreement?:

    Directions for property distribution following divorce.

    What CANNOT be included in a prenuptial agreement?:

    Lifestyle matters

    What CAN be included in a prenuptial agreement?:

    Descriptions of the responsibilities of each party.

    What CANNOT be included in a prenuptial agreement?:

    Different outcomes depending on the reason for the marital breakdown (i.e., if there is adultery)

    What CAN be included in a prenuptial agreement?:

    Protection for inherited money, assets, or savings.

    What CANNOT be included in a prenuptial agreement?:

    Anything which prejudices the needs of a child of the family

    Prenuptial agreements can be beneficial for both parties, solidifying the terms of the relationship before any problems may arise. It is recommended that every prenup should be thoroughly reviewed by a lawyer before signed to ensure that both parties are protected from any potential errors, mistakes or prejudicial terms.

     

    For more information or advice on prenuptial agreements, contact our experienced Family Lawyers today.

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