We negotiate and draft nuptial agreements of all kinds to ensure your current and future assets are protected—including family wealth, inherited wealth and trusts or family partnerships-in the event of any conflict or dispute.
Future spouses often use these agreements to start their marriages with an open financial discussion, and to avoid misunderstandings between them if their marriage dissolves. Our approach is to protect your interests first when negotiating these agreements, but we understand the sensitive nature of having your future partner on the other side. We will always take those dynamics into account when working with you.
We represent clients in the negotiation and preparation of postnuptial agreements when circumstances arise during the marriage and a formal agreement becomes necessary. These agreements can sometimes assist marriages or partnerships that are in distress and promote reconciliation. Circumstances that might warrant a postnuptial agreement include:
Our firm is also often asked to negotiate and draft cohabitation and living together agreements between parties, should a couple choose to live together without being married, with or without children of the relationship. These agreements often involve tax considerations that we deal with frequent and, if need be retain experts to assist.
We are also called upon to litigate the validity and enforceability of prenuptial, postnuptial and cohabitation agreements as needed.
We understand the interplay between prenuptial and postnuptial agreements and client estate planning objectives, as well as the added fiduciary obligations when drafting a postnuptial agreement. Because of this, we work closely with trust and estate attorneys to ensure your planning is consistent and effective.
We regularly prepare prenuptial and postnuptial agreements for high-profile and high-net-worth clients their spouses in all industries—including real estate, finance, professional partnerships and media and technology. We also have experience working with high-net-worth families, including children and grandchildren, in cases of multi-generational wealth.
Because of our experience in this area, we are often asked to handle or assist with prenuptial and postnuptial agreements for individuals from other states or countries.
We also prepare agreements for clients who maintain multiple residences, not only in South Africa but all over the world. When necessary, we have South African agreements reviewed by counsel outside our jurisdiction. We have been involved in negotiating local and multi-national prenuptial agreements, enforceable locally and in the United Kingdom and Hong Kong.
