Prenuptial Agreements: A Practical Guide

Prenuptial agreements can be a useful tool to set out expectations about finances before a marriage. While courts retain discretion, properly prepared agreements strengthen the chance they will be given weight.

What courts consider

Court considerations include whether the agreement was entered into freely, the level of financial disclosure and whether the agreement is fair in light of the parties' circumstances.

Timing and disclosure

Early advice is essential. Full and frank disclosure of assets and liabilities, independent legal advice for both parties, and sufficient time to consider the document all help its enforceability.

Practical steps

1. Seek early legal advice for both parties.
2. Prepare full financial schedules and disclosures.
3. Negotiate reasonable terms and use independent counsel.