Relationship Agreements

Pre-nuptial agreements are particularly beneficial for people embarking on second or subsequent marriages who are concerned about protecting the interests of children from their first marriage, or in a situation where one partner is particularly wealthy.

Couples who are contemplating such agreements must ensure that they receive thorough and independent legal advice and that they are completely honest about their assets. The contract should contain clauses to cater for the different circumstances which may occur, such as the birth of children and the duration of the marriage. These variations may affect any eventual proposed settlement. At Viberts, we can help you draft this important agreement.

A post-nuptial is an agreement entered into during marriage. They are sometimes used, for example, to deal with inheritance that occurs during marriage. If the couple ever divorce in the future, then the agreement will be one of the factors the court considers when dealing with assets. However, it is important that a post-nuptial agreement is not made in contemplation of divorce or separation, as this could mean it is less enforceable.

A reconciliation contract is a contract made after marriage and is usually made where a marriage is “on the rocks” and the parties want to try and get the relationship back on track. The parties seek to address the concerns that they may have with each other’s behaviour (e.g. adulterous or addictive behaviour) and set out how each of them are going to address those behaviours and try to make things better for their relationship. The contract will also set out what will happen if those parties fail in their efforts and what the split of the assets will be upon separation if the reconciliation fails.

The contract can include a myriad of promises between the parties such as an agreement to curb adulterous or addictive behaviour, or an agreement to work less and focus more on family life or a promise to spend more time with the children during the week.

Every case is unique and will face its own challenges. The distinctive characteristic of a reconciliation contract is that it will likely require some imaginative and pragmatic solutions.