Protection before or after marriage

Prenuptial agreements are becoming increasingly popular in this country as more and more couples are alarmed by the potential cost, both financial and emotional, of getting divorce.

Couples may choose to set out in a document what will happen in the event that their marriage or civil partnership breaks down.

The most common reasons for having a prenuptial agreement are:

  • Second marriages: when one or more parties want to preserve some element of their estate for children from a previous marriage;
  • Protection of inherited wealth or where there is a disparity in wealth;
  • Small companies where there are shareholders agreements in place;
  • Where there may be a debate as to which jurisdiction any future proceedings may occur;