FAQ’s – Being Married

Can you change a prenup agreement after it has been certified?

Yes.  If you haven’t yet finalised/signed your prenup , you will need to have a solicitor review your updated Agreement and provide you with current advice and a statement confirming they have provided you with the advice, before you sign it as your original advice will be obsolete. Read more

Does a Combined Financial Agreement stand up in court?

We explain how Binding Financial Agreements protect your assets, the legal standing they have, and the rare circumstances under which they can be set aside. Read more about whether a combined agreement will stand up in Court?

We ran out of time to make a Prenup before the wedding. What do we do now?

You can make a Post Nuptial Agreement which is pretty much the same as a prenup except it is made after the wedding.

When does a Financial Agreement come into effect?

Whilst you can stipulate how you want to divide property in the agreement theoretically, the practical division of assets and liabilities does not occur until either party has signed a separation declaration. Read more

Can you allow for different outcomes depending on who ends the relationship?

The agreement only specifies that the division of Assets and Liabilities shall be (whatever you decide) if the relationship ends. It makes no distinction if one party or the other ends the relationship. I would think you would need to be very careful including such a provision in an agreement.

What happens if all the assets aren’t disclosed?

The parties have a duty of disclosure to the court as well as each other. If one party tries to hide Assets or liabilities that effect the other party the party could go to court and argue to have the agreement set aside. Read more

My husband and I will share all of our household and living expenses but he earns far more than I do. Does the agreement have to state our expenses are to be divided evenly ?

No, it is probably better to say that until such time as you become pregnant or a mother and unable to work, your contribution to expenses should be in proportion to your earnings. Read more

How much detail is required when we fill out the Assets and Liabilities schedules?

Financial agreements can be set aside for fraud (which essentially means non-disclosure of something that matters). Full and frank disclosure is fundamental if an agreement is to survive a legal challenge. Read more

Can you allow for different outcomes depending on who ends the relationship?

The agreement only specifies that the division of Assets and Liabilities shall be (whatever you decide) if the relationship ends. It makes no distinction if one party or the other ends the relationship. I would think you would need to be very careful including such a provision in an agreement.