Pre & Post Nuptial Agreements

Pre-Nuptial Agreements

Pre-nuptial agreements are useful tools which document how married couples and civil partners would like their property to be divided on the unfortunate event of the breakdown of their relationship. They must be entered into at least 21 days before the marriage or civil partnership. The contents of the agreement can vary widely depending on the individual circumstances and concerns, but often include provision for division of property and maintenance.

Although pre-nuptial agreements are currently not legally binding in the UK, if drafted correctly they are a persuasive record of the intention of the parties and are being upheld to a greater degree by the courts than at any time before. Judicial and political attitudes indicate that in the future these agreements could become legally binding, as they already are in most European countries. Pre-nuptial agreements are becoming standard practice before marriage, and far from being unromantic, they are a necessary part of sensible personal financial planning.

Post-nuptial Agreements

A post-nuptial agreement is an agreement made between two parties dealing with provision for maintenance, children and division of property in the event of the marriage breaking down.

An agreement will be exactly the same as a pre-nuptial agreement, but is entered into after marriage and prior to separation.

Traditionally, post-nuptial agreements were considered in the same light as pre-nuptial agreements, in that they were not considered to be legally binding. However, a court have now decided that if parties enter into a post-nuptial agreement, and the conditions of obtaining legal advice and financial disclosure are met, the mere fact that the agreement is not what a court would have ordered is not enough to set the agreement aside. It would appear that post-nuptial agreements, when properly executed, can be binding.

 We can provide practical guidance on this important area.

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