Pre-Nuptial Agreements are entered into by a couple wishing to regulate financial terms of their relationship prior to marriage or civil partnership. A Post-Nuptial Agreement is similar except that it is made after the marriage or civil partnership has taken place. They are not binding in English law. They can be considered by the Court based on the state of the law at the time of the relationship breakdown. Pre-nuptial or post-nuptial agreements are a valuable method of both preserving a couple's autonomy and protecting assets in the event that the unexpected happens and, despite promises made in happier days, one party seeking an alternate outcome.
The Court are more likely to have regard to a Pre-Nuptial Agreement that is freely entered into by each party with both parties having legal advice on the terms with the full appreciation of its implications. The popularity of Pre-Nuptial Agreements have grown dramatically over recent years and recent Court judgements indicate that a Pre-Nuptial Agreement is increasingly influential to the outcome of financial disputes on divorce. It is extremely important that each party enters into the Agreement of their own free will and independent legal advice is sought so that each party fully understands the legal implications of the agreement that they are entering into.