As long as these prenups
include the factors required by their state, such as full financial disclosure, adequate legal counsel, and recitations of any legal rights to be waived, these agreements are generally legally enforceable in any future divorce action.
We don't expect this measure to lead to every engaged couple in the country seeking a prenup
, but for those couples who want to have one in place, it will make their legal situation much clearer and reduce uncertainty upon separation.
-marriage-money-assets/) According to sources quoted by the media, the couple is committed to the marriage and has agreed to sign a prenup
as they are both business people and believe that it is the smart thing to do.
Therefore whilst couples would be able to opt out of 'sharing' they won't be able to use a prenups
to opt out of providing for reasonable needs, for example for housing or money to live on.
are a relatively new legal way of setting out what the financial arrangements will be if a married couple decides to divorce, having only first been accepted by courts in Australia in 2000.
You would hardly go into any other relationship or contract without some sort of insurance, risk evaluation or financial audit, so why dismiss a prenup
when it is in addition related to emotions u emotions that could potentially increase the risk of misjudging the other party's motives," she said.
State laws grant spouses certain estate and inheritance rights, which prenups
With the divorce courts' starting point now being an equal split - a worrying prospect for ex-Beatle, Sir Paul McCartney, who stands to lose a fortune if his divorce goes to trial - lawyers are reporting an unprecedented demand from couples taking out both prenups
and postnups to soften the financial impact of divorce.
Call them romance ruiners, wedding crashers or couple killers, it is difficult to avoid the subject of prenups
when divorces are so popular.
Mishcon's head of family law, Sandra Davis, said: 'Given that a significant number believed their divorce settlements were unfair and a similar number believe a prenup
would have made their process of divorce easier, there is a clear call for prenups
to be legalised in the UK.
Smith, too, is skeptical of prenups
but says that it is his standard practice to recommend them to clients who are remarrying so that assets will be protected.
Small-business owners and the elderly are strong candidates for prenups
, as well as couples in which one spouse will be supporting the other through professional school (such as medical or law), so that the supporting spouse will share fairly in the professional's ultimate gain.