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Family Law: “I love you, but… I want a Pre Nup”

Asking your partner for a pre-nup agreement does not mean that you are already looking at the exit door, rather it is often about creating certainty about what will happen to your assets if you do separate.

Raising this very delicate, and unromantic topic can be tricky. Choosing the right time and place, and the right words is important so that you can both have an honest and positive conversation about a subject many people wish to avoid – money.

Below are a few ideas about how you might start this conversation with your partner:

  • I have been reviewing my personal matters (eg. insurance and will) and it has been suggested to me it would be helpful if we had a prenup agreement.
  • Doing a prenup agreement now will protect both of us and save us from spending legal fees if we separate in the future.
  • We both have our own families and children and a prenup agreement can help us decide what we want to do with our money and property if we separate, which hopefully won’t happen.
  • We have both built-up the property and money that we now own, and I think it’s important that we should decide what will happen with it if we separate, we don’t want a judge telling us what to do.
  • If you think that this is a good idea for us to have a pre-nup then we can have a talk about what we want to happen with our property if we separate and we will each need to get our own lawyer to help us finalise the agreement.
  • We can sign a prenup agreement at any time we don’t have to wait for after the wedding.
  • I think this is an important step for both of us for our financial security for the future.

Joelene Nel uses her legal knowledge and skill to help people who want to sign pre-nup Agreements. Joelene is an experienced family lawyer an Associate Director at McLaughlins Lawyers.

If you would like to understand more about what is involved in a pre-nup agreement you can contact Joelene on (07) 5591 5099.


Author: Joelene Nel

Director: Sophie Pearson

Date: 28 September 2020