Prenuptial Agreements in contested wills

Parties enter into prenuptial agreements (also known as financial agreements) with a view to determine how their estate will be dealt with in the event of death or divorce.

The effect of a prenuptial agreement in a contested will dispute can only be determined after looking at all the circumstances of the case. For instance if the marriage lasted for a brief period the consequences could be different to a marriage that lasted for a long time.

Consequently, a prenuptial agreement can be a relevant consideration and it should not be assumed that its wording will be binding on a judge hearing a family provision claim.

To find out more about the effect of a prenuptial agreement schedule a conference to discuss the facts of your case.

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