Divorce and family law
What Types of Assets Can Be Included in a Pre-Nuptial Agreement?
A Pre-Nuptial Agreement can include provision for various types of assets, such as property/real estate, savings, investments, and even future inheritances. The agreement can be tailored to meet the specific financial circumstances of both parties.
Can a Pre-Nuptial Agreement Be Updated After Marriage?
Yes, a Pre-Nuptial Agreement can be updated or modified after marriage through a Post-Nuptial Agreement. It is often advisable to include provisions for future reviews in the original Pre-Nuptial Agreement.
How Soon Before Marriage Should a Pre-Nuptial Agreement Be Signed?
It is recommended that a Pre-Nuptial Agreement be finalised at least four weeks (ideally longer) before the date of the marriage or civil partnership. This helps ensure that both parties have adequate time to review the agreement and seek legal advice.
What Happens If We Don't Update Our Pre-Nuptial Agreement?
If a Pre-Nuptial Agreement is not updated, the original terms will usually stand. However, it may not account for changes in financial circumstances, assets, or family structure, which could lead to complications in the event of a divorce some years later as there could be an argument as to how relevant the Pre-Nuptial Agreement is. This will be less relevant if the divorce is within a relatively short time frame of the Agreement or the Pre-Nuptial Agreement is entered into by parties entering into a marriage later in life
How Do Pre-Nuptial Agreements Affect Child Custody and Support?
Pre-Nuptial Agreements primarily focus on financial aspects so they generally do not dictate terms for child arrangements (sometimes referred to as custody) but they can cover the issue of child maintenance or support and other child related financial issues such as payment of one-off expenses or longer-term outgoings such as school fees. The child arrangements are usually agreed or determined by the court based on the best interests of the child.