What are the advantages and disadvantages of a prenuptial agreement?

Pros: a prenuptial agreement provides certainty on what assets and income form part of the agreement and what will happen in the event of the parties’ separation or death.

There is full transparency between the parties about their contributions and their responsibilities. It will also provide peace of mind for those wanting to protect assets for children from previous relationships or perhaps an inheritance left by a loved one.

Cons: the request and negotiations for a prenuptial agreement can cause problems between the couple and other family members, especially parents. It might feel as though the romance and excitement is marred by these practical plans.

Some may even feel it is defeatist and be offended by the proposition that pre-nup be signed. The party who has been asked to sign the agreement is potentially losing out what would otherwise may be 50% of the overall assets.

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