Pre-nuptial and Post-nuptial Agreements

What are pre-nuptial & post-nuptial agreements?

There is much more awareness of nuptial agreements especially in circumstances where significant property or assets are involved. They have become increasingly popular following the landmark decision in the case of Radmacher v Granatino in October 2010, which gave “decisive” weight to pre-nuptial agreements. 

If you and your partner enter into a pre- or post-nuptial agreement, you can determine in advance how your assets would be shared should you separate.  

Are pre-nuptial and post-nuptial agreements legally binding?

Whilst it is accepted that nuptial agreements do not remove the overall jurisdiction of the court if the needs of one of the parties or the needs of the parties’ children dictate it, in February 2014 the Law Commission recommended that pre-nuptial agreements should be legally binding in divorce settlements once the needs of the separating couple and any children have been considered.  This debate is still ongoing, however, what is accepted is that nuptial agreements are recognised and be a factor to be taken into account in subsequent financial proceedings upon separation.