Are prenups important?
Prenups can be very important. I think it depends on the nature of your relationship. Certainly, it is important to know you can also have a prenup for a de-facto relationship. I think it is very important to go into a relationship considering if you want to protect your assets or not. If so, you can get a formal document to do that. It is important to have that conversation of “what happens if we separate? What happens with the house, what happens with the bank account?” It is a good thing to have that conversation up front, especially because it is easy for people to drift into a de-facto relationship. It is less formal than a marriage. People can suddenly discover that they are living de-facto than getting married.
I think it is particularly important if one party has significant assets they want to protect. I think prenup agreements are especially good for second marriages. They include planning your estate, they include ensuring what you bring into that marriage goes to the children from your first marriage. Or if you have a substantial workers’ compensation or personal injuries payment, or a substantial inheritance, you want to protect for your future a prenuptial agreement can help with that too.
Will a prenup stand up in court?
If they’re done properly, they’re a very technical document, both parties need to have legal advice. That someone needs to be someone who is an expert in family law, that advice needs to be quite detailed. If it’s done properly, then they will stand up in court.
If you are interested in getting a prenuptial agreement or require more information, contact DBH Family Lawyers by free calling 1800 324 324 or send us a message.