For a Prenuptial Agreement to be legally binding it must be in writing, signed by both parties (after each party has received independent legal advice as to the Agreement’s effects and implications), and certified by the lawyers who provided such advice
Each lawyer is required to give their client their professional opinion as to the fairness and appropriateness of the Agreement as well as explaining its effects and implications. More than a mere explanation of the terms of the Agreement is needed.
What is required is an informed professional opinion as to the wisdom of entering into the Agreement in the terms proposed.
What are the benefits?
Prenuptial agreements have a number of benefits including:
- Guaranteeing financial security for children from a previous relationship;
- Protecting spouses from each other’s debt;
- Protecting significant assets owned before the relationship;
- Protecting a family heirloom or substantial inheritance;
- Making the separation process easier – emotionally and financially;
- Providing security during and after marriage;
- Maintaining the expectations of the spouses; and
- Can help prove intention if there is a dispute over a will.
The sooner into a relationship that you develop a prenuptial agreement, the better it will be for you in the longer term.
It doesn’t have to be complicated…
If you’d like to talk to a friendly lawyer and get help with understanding and developing a prenuptial agreement then give us a call 09 267 2700 or contact us