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Nuptial Agreements

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Introduction

Planning for the Future with Confidence

When you're preparing for marriage or a civil partnership, it's natural to focus on the excitement of your future together. But taking time to consider a pre-nuptial agreement can bring clarity and peace of mind—helping you both feel more secure as you start this new chapter.

 

A pre-nuptial agreement (or “pre-nup”) is a written agreement made before marriage that sets out how your finances and assets would be divided if your relationship were to end. If you're already married, a post-nuptial agreement can offer the same protection.

 

These agreements aren’t about expecting the worst—they’re about being clear, fair, and prepared.

Why Consider a Nuptial Agreement

A nuptial agreement can help you:

  • Protect assets or inheritance you already have—or expect to receive
  • Safeguard yourself from any debts your partner may have
  • Provide reassurance if you’ve experienced a difficult separation in the past
  • Protect business interests
  • Ensure assets are preserved for children from a previous relationship
  • Support fairness when one partner brings significantly more into the marriage

 

 

Are Nuptial Agreements Legally Binding?

While nuptial agreements aren’t automatically binding, courts are increasingly willing to uphold them—especially when:

  • Both partners have taken independent legal advice
  • There was full financial disclosure from both sides
  • It was signed at least 28 days before the wedding
  • The terms are fair to both parties—and any children involved

Taking the time to get the agreement right, with the right advice, gives it the best chance of being upheld.

 

How We Can Help

  • Advise on what to include and how to keep it fair
  • Draft a clear, thorough agreement tailored to your needs
  • Guide you through the legal steps to give your agreement the best chance of being upheld
  • Review and update existing agreements
  • Advise on how your agreement would apply if your relationship were to end

 

Richard Baker - Colour - High Res - 008_425-1
For legal advice on nuptial agreements

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