Pre-nuptial and Post-nuptial agreements – Overview

A pre-nuptial agreement (“pre-nup”) is a contract entered into by a couple before they get married that sets out what will happen to their assets in the event that the marriage breaks down.

A post-nuptial agreement (“post-nup”) works to achieve this too, however, this is entered into after a couple have married.

A pre-nup or post-nup is not just for the extremely wealthy and it could be advisable to enter into an agreement in the following situations:

  • A second marriages between parties who wish to preserve their pre-acquired wealth for the benefit of children of a previous marriage.
  • Where one or both of the parties wishes to ring fence inheritances they expect to receive.
  • Marriages where there are substantial trust assets, including where such assets are derived from gifts or inheritances.

Although pre-nups and post-nups are not legally binding in England and Wales, properly drafted Agreements are more likely to be upheld by the Court now, than they have ever been before.

In order to have the best chance of being upheld, it is important for legal advice to be sought.

Our guide offers further information. Alternatively, contact one of our solicitors. Our solicitors can meet you virtually or at any of our offices to talk about your situation. Contact us today to arrange an appointment.

 

Pre-Nuptial and Post-Nuptial agreement guide