A pre-nuptial agreement provides a clear agreement designed to offer clarity and peace of mind for both parties.
It sets out ownership of a couple’s belongings (including money, assets and property) and explains how it will be divided in the event of the breakdown of their marriage.
Pre-nuptial agreements can provide transparency between the couple if there are assets / property which would be hard to split evenly. For example, if either of them own a business which they want to retain control of, a sizeable inheritance is involved, or there are children from a previous relationship to consider.
However, it should be remembered that the Court still has the final say and is able to override a pre-nuptial agreement. The Court must consider all the circumstances of the case and decide on what is a fair outcome.
Having said that, recent case law has shown that a properly drawn up pre-nuptial agreement is an increasingly important factor that the Court will take into account.
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