Who signs a Pre-Nuptial Agreement?

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 one's former spouse

• 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 are spelled out in the pre-nuptial agreement

• You simply wish to have certainty as to property rights and maintenance payments upon a potential divorce

• You are concerned about the other party's debt

• You are foregoing a lucrative career to get married

• You require simplicity in the divorce process

• You want to ensure that certain family heirlooms or family wealth stay within a family upon divorce