Family and relationships question:
My partner and I are getting married next year. I have a successful business and have put a huge amount of my own capital into it. But I’m concerned I could lose a lot of money if we ever split up. Is it worth having a prenuptial agreement?
Responses:
Good Lawyer Guide's response
Yes, but you must both take independent legal advice and you must be aware that they are not yet legally enforceable in the courts. However, if you do have a prenuptial agreement in place if you ever split up, the court will take your wishes into account if it has to decide a split of the assets. It is important that any agreement is signed by both you and your fiancée, that there is full disclosure of financial information - and you did not pressurise your fiancée into signing the document.
Courts have a wide discretion in how they decided financial matters on divorce: and so long as they are satisfied a prenuptial agreement was properly drawn up it will usually implement the terms so long as it is not considered unfair or unjust.
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