Note: We have provided a transcript of the discussion in this video if you are unable to watch the video version. This transcript is generated using a combination of speech recognition software and human transcribers and may contain errors.Samantha Gershon (00:10): Prenups are important at the moment because you'll find that parties really want to have some sort of certainty in the event of the breakdown of marriage. And more and more we're now being approached by the parents of children of our clients, because they want to know what's going to happen to a family asset in the event of a breakdown of the marriage and they want to know that they can preserve that asset.
Prrenups are enforceable, or rather they're given great weight in certain factors are present, also if the parties are going to be bound by them, their intention is to be bound by them and also if it's fair to the parties. The factors that need to be there to try and make sure the prenup is enforceable you'll need to know that there's no undue influence you have to have the intention of the parties to be bound by that prenup and also certain formalities such as the signing and witnessing of prenuptial agreement.
The other things that we're looking at to check that the prenup's going to be more solid is independent legal advice. It's very important that both parties are represented by different law firms and also that there should be some form of financial disclosure to make sure the parties know what they're signing up to.
(1:20): Really the final advice is, if there is wealth in the family then we really would strongly advise the parties to consider getting a prenuptial agreement.