Advice on prenuptial agreements
As family law lawyers, we mostly help people who have come to the end of their marriages. This may concern a divorce, but it could also be because one of the partners has passed away. In both cases, the prenuptial agreements drawn up by the parties have to be dealt with. A prenuptial agreement is actually simply an agreement between the two spouses, setting out what should happen at the end of their marriage with their assets, pensions, household costs, etc.
Prenuptial agreements often contain all kinds of arrangements that the spouses should have carried out during their marriage, but did not. When the marriage comes to an end, it is then often difficult to establish what still needs to happen, and what does not. This lack of clarity can lead to tiresome legal discussions and proceedings.
Because the lawyers at SmeetsGijbels get to see very many prenuptial agreements, and especially the problems that arise at the end of a marriage, we are excellently placed to advise parties who are about to get married about the pitfalls when drawing up prenuptial agreements. If necessary, a lawyer from SmeetsGijbels can accompany you when you visit your civil-law notary.
In any case, we will always prevent the use of a standard prenuptial agreement template. We will make sure that the prenuptial agreement you conclude is in line with your wishes and that it is tailored – and will remain tailored – to your situation. In this context, we regularly conduct check-ups on existing prenuptial agreements and advise on whether or not they should be amended, if circumstances make it necessary or desirable.
A sound prenuptial agreement at the start of a marriage can save a lot of money and frustration in the event of it coming to an end, be it as a result of divorce or death.
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Family and inheritance law are sensitive subjects that often involve strong emotions. Matters that once seemed routine can take on a new significance as a result of all kinds of events, causing a breakdown in communications and thrusting the parties involved into far-reaching and invasive legal proceedings. SmeetsGijbels advises its clients on what route to take. We do so with empathy and support, adding our specialist legal knowledge as necessary.
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