Fast FAQs

Will a prenuptial agreement protect my assets?

The basic principle is that a financial settlement should be fair, based on factors such as the individual needs of the partners and the welfare of any children. This overrides any prenuptial agreement. In practice, this usually means that a prenuptial agreement has little or no effect if the assets and incomes to be shared are limited.

However, where assets are sizeable a prenuptial agreement may have more effect. For example, you might be able to use a prenuptial agreement to provide at least some protection to assets that you bring into the marriage (as opposed to assets that you build up during the marriage). A prenuptial agreement is more likely to have an effect if the marriage has been relatively short, and if the couple's circumstances have not changed significantly since the agreement was signed (for example through the birth of a child).

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