pre-nuptial agreements
This is a form of agreement, like a contract, which is signed before marriage. There are certain safeguards which should be present before signing an agreement, such as:
- full, frank and clear financial disclosure;
- no undue influence or duress;
- legal advice; and
- signed at least 21 days before the wedding.
If you sign an agreement, you must be prepared to be held to it. Unless there was a defect at the time it was signed, or it will not meet need at the time of divorce, you will be held to the letter of the agreement. Even if the court agrees your needs cannot be met, your claims will very likely be limited to less than you would be entitled to if you had not signed the agreement.
post-nuptial agreements
These agreements are similar to a pre-nuptial agreement, but they are signed during the marriage. You will already have accrued rights by virtue of your marriage so it is vital you take advice before you agree to sign a post-nuptial agreement.