Pre-Nuptial & Post-Nuptial Agreements

WHAT IS A PRE-NUPTIAL AGREEMENT?

This is a legal agreement signed by both parties before a marriage which details how assets, finances, income, maintenance, and pensions will be divided in the event of a divorce.

WHAT IS A POST-NUPTIAL AGREEMENT?

This is the same as a pre-nuptial agreement, but it has been drafted and agreed AFTER the marriage. 

IS A PRE-NUPTIAL/POST-NUPTIAL AGREEMENT ENFORCEABLE IN THE UK COURTS AND CAN IT BE BROKEN?

These agreements are NOT totally enforceable or binding in the England and Welsh courts. They are legally binding in the Scottish courts. The English and Welsh courts will take them into consideration if they seem fair and reasonable. When reaching a settlement during a divorce, the pre-nuptial & post-nuptial agreements will, or parts of it, be taken into account.

WHEN CAN A PRE-NUPTIAL/POST-NUPTIAL AGREEMENT SEEM UNFAIR TO A JUDGE?

• When it doesn’t cover the financial needs of one party.
• If the agreements were entered into by deception.
• If the agreements are unreasonable.
• If the agreements don’t take into account the needs of the children.
• If either party did not receive independent legal advice of their own when the agreements were drawn.
• If there are assets and finances that were not declared.
• The pre-nuptial agreement was signed less than 28 days before the marriage took place.