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.