Finances in a prenuptial agreement
Why do I have to see my partner’s financial documents and confirm that I have seen such documents in a prenuptial?
You have to confirm in the pre-nuptial agreement that you have had a chance to see the other party’s finances, not just the list which has been produced and which is usually attached to the agreement but actually see confirmation of such assets. The reason for this is that you have to be satisfied that the party has these assets so that your solicitor can agree the best and most suitable agreement for you. If you suspect you have not seen everything, be brave and say that you have not had a chance to see the documents.
Do I have to reveal all my finances to my partner?
If you do not disclose all your assets or source of income then you could potentially expose the pre-nuptial agreement being ignored by the court, if the matter comes before the court.
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Can my finances be kept secret from anyone else?
Yes, you can have a confidentiality agreement. But if she were to reveal this information to anyone then you can only bring this up at the time of any divorce. However you may be able to take out an injunction to prevent any further disclosure.
Can I make an agreement about my finances whilst I am married, but I do not have a pre-nuptial agreement?
It is public policy that parties entering into such post martial agreement as regarded as void, unless it confirms a pre-nuptial agreement.
Simple, they are seen as to have a presumption of potential duress and unequal bargaining power. Court would regard such agreement with extreme suspect and caution.
However, we would recommend that this is done anyway as it records parties intentions. But it is likely not to be considered by the court. Although if safeguards like independent legal advice were introduced then courts could be persuaded to look at least look at the agreement.
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