Family Law FAQ - I want a prenuptial agreement as I am soon getting married and want to protect current and future assets. Can you help?
Date: February 22, 2011
Q. I want to obtain a prenuptial agreement as I am getting married shortly and I need to protect not only my current assets but what I am likely to inherit in the future. Can you help me?
A. Given the nature of your current assets and what you are likely to inherit in the future you need to obtain a prenuptial agreement before marrying. A prenuptial agreement needs to address your circumstances not only now but in the future and if it does not then it is likely it will be set aside by the court at some time in the future. Prenuptial agreements are a form of binding financial agreement and they need to follow particular formalities otherwise they will fail. They require a high level of expertise and they are not like any other form of agreement in that they require, once drafted to be sent to the other party’s legal representative so they can obtain independent legal advice and a certificate. During the course of this they may want amendments which necessitates its return to the originating solicitor who will then have discussions with their client before making any changes and dispatching it to the other party’s solicitor hopefully for execution and return before it is executed by the moving party.
