Prenuptial Agreements

As part of our family law services, SVN offers advice on which prenuptial agreements will be suitable for you. Below are the two options of prenuptial agreements couples can enter into before marriage:

Prenuptial without Accrual

This agreement is, in essence, the complete opposite of marriage within community of property.

  • Once a Prenuptial without accrual is signed, and the civil union commences, each party’s assets remain their own.
  • Each party’s current possessions and future earnings are solely their own.
  • This is also applicable to any debt, insolvency, or liability. Neither party will be held legally responsible for the other party’s burdens.
  • If a divorce takes place, each person walks away with their own assets. This is oftentimes a very quick and easy resolve.
  • In this instance, it is extremely important to ensure that there is a Will in place, as a partner’s assets will not automatically go to the other party, should death occur.

Marriage Signing a Prenuptial with Accrual

A Prenuptial Agreement with accrual is very similar to one without accrual; however, there are some assets that are shared. Each party’s assets before marriage, unless otherwise specified, are seen as their own.

Once married, they share the increased and decreased value of assets. Thus, if a divorce takes place, the current value of both parties’ estates are calculated and compared to the value they started with. This joint increase in value is then split evenly between the parties involved.

Speak to one of our experienced family law attorneys to get the right legal advice for your prenuptial agreement today.

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