Garner & Hancock, Family Law

Family in prenuptial agreements

I may have children but not now. How can a pre-nuptial agreement take this into account?

The purpose of a pre-nuptial agreement is to try as much as possible to make reasonable provisions and for future need. This means that thought is given to what would happen if there were children. So including such provision in the agreement will make the agreement more robust and resilient to court scrutiny and give the court a chance to consider such terms. It will all ways be subject to the discretion of the court, but at least you have something in writing that reflects both our intentions and the court cannot ignore this.

What happens if I or the other party commits adultery, will this count against me.

The Short answer is no. Unless there is anything in the prenuptial which states that in such an event one party is to get more. This may deemed as being unfair/unreasonable by the court. However, the issue may be brought up on nay Divorce and financial proceedings.

 

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