Prenuptial Agreements: FAQ

Prenuptial agreements are becomingly increasingly common. You may be getting money from your parents or from an inheritance that you want to protect, or you may have bought a house or built a business.

1. Do we both need our own lawyer? Why can’t we use the same lawyer?

Even though it may seem like you and your spouse are “on the same side”, you may each be giving up rights and changing your obligations to each other. Because of these competing rights and obligations, a lawyer cannot advocate for both of you. You each need your own lawyer to provide you with legal advice.

2. How much will it cost?

We work on an hourly basis for prenuptial agreements, marriage contracts and cohabitation agreements. Your lawyer will be able to provide you with an estimate in your first phone call. The amount charged will depend on the complexity of your agreement.

3. What is the process?

You will meet with your lawyer to provide them with background information and to explain what you want to achieve with your agreement. Your lawyer will provide you with legal advice about how to best achieve your goals, and will get instructions from you.

Your lawyer will then draft the agreement, review the draft with you, and make any changes you ask for. The agreement is then sent to your spouse to review, and they can get independent legal advice. Once both parties understand the agreement and no further changes need to be made, the agreement is signed.

4. What can I put in the agreement?

You can include clauses about the ownership and division of property; responsibility for debts; spousal support; and the moral training and education of your children.

You cannot include anything in the agreement that limits a spouse’s special rights in the matrimonial home; says what child support will be paid; or that says who will have custody to or access to your children.

Are you ready to get started?

Book a free telephone call with a member of our team today.