Prenups mandatory for Blended Families
Updated 1 July 2025
by Peter Szabo
Wills and Estate lawyers carefully ensure that Wills, Powers of Attorney and the like are in place in case of death. But rarely is any serious consideration given to separation, which occurs in over 50 percent of relationships. Fortunately, the only document required is a Prenuptial Agreement (Binding Financial Agreement). Public perception is that these Agreements aren’t worth the paper they’re printed on, which is true only of those that fail. Prenups are usually set aside for obvious reasons, such as when proper legal advice was not provided. The solution is obvious. Most Agreements are complied with, and court proceedings are avoided.
The most useful Prenup is one tailored for a blended family. Both parties have assets they wish to leave to their respective children, and both understand what the Agreement is meant to achieve. Further, it can be executed during the relationship as a Nuptial Agreement.
A Prenup can also recite the parties’ intentions for their Wills. Although death before separation means that the Agreement is not enforceable, the expressed intentions in a prenup are highly persuasive evidence if a Family Provision claim is later made. Importantly, because both parties must obtain independent legal advice on the Family Law ramifications, independent advice on Family Provision claims will also be provided.
If your parents have separated and re-partnered, your inheritance is at risk should they separate again. Commonly, the lament is, “But we always kept our assets separate.” Verbal Agreements are not enforceable. Unless there is a Prenup, all assets of both parties are divisible by the Family Court. Family trusts and loan agreements can be pierced, and inherited assets are also included in the mix. The only protection is a Prenup. The family will appreciate it, although that alone is unlikely to satisfy a feral, fifteen-year-old stepdaughter. Unfortunately, there is no magic wand. Perhaps it’s time for a (blended) family discussion?