Pre and Post Nuptial Agreements
You can enter into a pre-marital agreement or an agreement during marriage which deals with the financial assets in the event of the marriage breakdown.
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Otherwise known as Pre and Post Nuptial Agreements these can avoid the time, expense and acrimony that can occur on the breakdown of the marriage and divorce proceedings.
In most countries Pre and Post Nuptial Agreements are binding, but not in this country. The reason for this is that the court still retains an unfettered discretion to make Orders on divorce or dissolution if it believes that the agreement reached is unfair or it does not meet the needs of the parties.
- Planning for the future is a responsible and empowering step. At Talbot Walker LLP we assist clients in preparing Pre-Nuptial Agreements (before marriage) and Post-Nuptial Agreements (during marriage) which outline how financial assets should be treated in the event of a relationship breakdown.
- These agreements can help avoid the time, cost and emotional strain often associated with divorce or dissolution proceedings by setting clear expectations from the outset.
- While such agreements are legally binding in many jurisdictions, they are not automatically enforceable in England and Wales. The courts retain full discretion to make financial orders on divorce or dissolution, particularly where an agreement is deemed unfair or fails to meet the needs of the party.
- However, the courts do recognise the autonomy of individuals to enter into these agreements. When determining financial arrangements, the court will generally give weight to a Pre or Post-Nuptial Agreement – provided certain conditions are met including:
- Voluntary Agreement – Both parties must have entered into the agreement freely, without pressure or duress.
- Full financial disclosure – Each party must have provided honest and complete information about their financial circumstances.
- Independent legal advice – Both parties should have received separate legal advice to understand the implications of the agreement.
- It is also important to note that life circumstances can change – such as the birth of children, changes in income or health issues. For this reason, we recommend that Pre and Post-Nuptial Agreements be reviewed periodically to ensure they remain fair and relevant.
- Our family law specialists offer clear, confidential advice tailored to your unique situation. Whether you’re planning a marriage or seeking to protect your interests during one, we’re here to guide you every step of the way.
Additional information
In considering whether a Pre or Post Nuptial Agreement is fair and should therefore be upheld, the court will want to see that the parties have entered into the agreement without duress.
That they have gone through a process of full and frank financial disclosure so as to enable them to make a fully informed decision and the court will want to see that the parties have received independent legal advice advising the parties of the implications of any agreement reached. Further, it is important to remember that circumstances can always change and therefore if a Pre or Post Nuptial Agreement is entered into it is always important to keep such agreement under review.
