However, a well-drafted prenuptial or postnuptial
agreement following the necessary legal guidelines is highly advisable.
In recent years, I have seen a huge increase in the number of people who seek to protect their assets - including their businesses - by entering into nuptial agreements, either before ('prenuptial') or following ('postnuptial
She is regularly instructed in cases with a cross-border element particularly in relation to asset protection, prenuptial and postnuptial
agreements, cohabitation agreements and child cases.
A prenuptial or postnuptial
agreement can ringfence a family business from being included in divorce or separation settlements, and safeguard its financial stability.
However, if not accompanied by a postnuptial
agreement under [section]732.702, then there is potential for the nightmare scenario that one spouse changes his or her revocable trust plan and disinherits the ther spouse, who is left unprotected by the constitutional homestead provisions.
Certainly, individuals seeking to protect their intended dispositions should consider obtaining a valid waiver of the right to assert the spousal elective share by way of a prenuptial or postnuptial
In addition, there are postnuptial
agreements that are primarily the same as prenuptial agreements but entered into upon conclusion of the marriage.
She also has experience in the preparation of prenuptial, postnuptial
and cohabitation agreements as well as domestic abuse cases.
The plurality added the further consideration that Kennedy had partly created Thorne's special disadvantage by causing the 'urgency with which the prenuptial agreement was required to be signed and the haste surrounding the postnuptial
agreement and the advice upon it'.
She suggested utilizing prenuptial agreements prior to a remarriage and postnuptial
agreements during a divorce, along with an updated estate plan, to help clients make their expectations for the future clear to everyone involved.
The director found that the Bells entered into a postnuptial
agreement in August 2011 which asserted each spouse had "the power to dispose of their share of the marital assets at their death free of any statutory or other claims of their spouse."