Prenuptial Agreement

RECENT NEWS
Sydney Morning Herald  Nov 26  Comment 
It's not often that prospective newlyweds call a pre-nup press conference to explain themselves. But then, not every marriage involves the likes of Geoffrey Edelsten and his American fiancee, Brynne Gordon.
Sydney Morning Herald  Nov 26  Comment 
Disgraced doctor Geoffrey Edelsten has defended his star-studded, 500-guest marriage to a 25-year-old fitness instructor on Sunday as a "wonderful" event for charity.
CANOE.ca  Nov 5  Comment 
TORONTO - Marriage contracts and prenuptial agreements can be difficult to bring up when you're in the joyous throes of planning the happy event.
Financial Times  Oct 12  Comment 
UK divorce laws should be remodelled along European lines, where engaged couples visit lawyers to discuss pre-nuptial agreements, according to an expert in family law
The Globe and Mail  Sep 2  Comment 
Prenups are increasingly being viewed as practical documents rather than cynical safety nets for non-romantics
Bloomberg  Jul 2  Comment 
(Update1) Katrin Radmacher, a wealthy German heiress, won a U.K. court ruling altering the terms of her divorce on the basis of a pre-nuptial agreement with her ex- husband, a former J.P. Morgan Chase & Co. investment banker.
Clusterstock  Jun 5  Comment 
Vanity Fair has nice long piece on post-financial crisis Hamptons, and he main is basically: Yes, it's exactly how you imagine it is. Cheaper rents, cratering home prices, bitter acrimony among once happily-married couples, rich guys leaving...
Dual Income No Kids  Sep 30  Comment 
Since we've blogged about prenups and weddings, we wanted to briefly discuss the next step in the life cycle: having children. Financially speaking, here are a few things you might consider before your little ones arrive. 1. Check Your Insurance...
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A prenuptial agreement, or prenup, is a contract between two individuals prior to their marriage. It specifies how the future couple's assets and liabilities will be divided in the event of a divorce or death.

From a legal perspective, it is crucial that both parties:

  1. completely and honestly disclose the nature and extent of all their assets and liabilities.
  2. hire separate attorneys while crafting a prenuptial agreement to ensure it is valid in a court of law. This provision ensures that each attorney co-writes the agreement with the client's best interests in mind.
  3. sign the agreement well in advance of their wedding so as to avoid the appearance of coercion.
  4. are fair. A court of law will not uphold a prenuptial agreement that sees one party taken advantage of or left destitute.
  5. sign the agreement in writing and in the presence of a notary public. Oral agreements will be deemed null and void.
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