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Who signs Pre-Nuptials?

Any person who wants property divided by a different means to that determined by a Court (relying on the principles of family law set out under the Family Law Act) will benefit from a pre-nuptial agreement. Common situations where pre-nuptials are signed are:

  • You both have significant assets
  • You have considerably more assets than your partner - for example, the marriage of Michael Douglas and Catherine Zeta-Jones
  • You own a business - a pre-nuptial agreement can prevent the distribution of the business and control of the company to your former spouse
  • You are entering a second or subsequent marriage, you have children from a previous marriage and want to ensure that those children retain family wealth
  • You have special circumstances in the family (e.g. caring for a disabled child)
  • You want to decrease the emotional turmoil that would ensue with a divorce
  • You want to keep pre-marital assets separate
  • You, the economically weaker bride or groom to be, require adequate economic protection after divorce
  • Upon marriage, you are blending families - a financial plan regarding the children can be set out in the pre-nuptial agreement
  • You simply wish to have certainty as to the distribution of property upon a potential divorce
  • You are concerned about the other party's debt
  • You require simplicity in the divorce process and want to reduce the risk of litigatioin and significant (emotional and financial costs) associated with litigation.
  • You are part of a wealthy family and you want to protect your potential inheritance.