Prenuptial Agreements FAQ`s

Prior to entering into a marriage, it may be wise for parties to first consider entering into a pre-nuptial agreement with a view of protecting their individual rights and to help provide a roadmap of how things should proceed in the event parties decide to amicably separate in the future.

What are prenuptial agreements?

Prenuptial agreements:

• Are contracts entered into by spouses before they get married;
• Stipulate how matters will be resolved, should the parties enter into divorce proceedings; and
• Are subject to the usual legal doctrines and requirements forming contract law (i.e. there must be consideration and the agreement must not have been reached by vitiating factors such as misrepresentation, duress, fraud, unconscionability or undue influence).