Pre and Post Nuptial Agreements

A pre-nup or pre-nuptial agreement is an agreement entered into by a couple ahead of their wedding setting out how they will hold their assets whilst married and how their financial claims would be dealt with in the unlikely event that they ever divorce. A post-nup or post-nuptial agreement is like a pre-nup but entered into by the couple after they marry.

In England and Wales, pre-nuptial agreements are not strictly enforceable or legally binding but can carry significant persuasive weight if ever a couple divorce. The weight to be applied to the agreement will depend on the extent to which the couple received independent legal advice, provided full financial disclosure and were not influence unduly to enter into the agreement by each other.