Prenuptial and Postnuptial Agreements Knowledge & Resources

A nuptial agreement is a contract signed before (pre-nuptial) or after (post-nuptial) a marriage or civil partnership. This agreement documents what should happen to the couple’s assets if the relationship breaks down. This is particularly important if there is a significant imbalance of assets between the parties.

A pre-nuptial agreement is a contract signed before a marriage of civil partnership. A post-nuptial agreement is signed after a marriage or civil partnership. These agreements document what should happen to the couple’s assets if the relationship breaks down.

Nuptial agreements are not legally binding under English law. However, recent developments in the law have made it clear that such agreements will be seriously considered by any judge if they were not obtained fraudulently or under duress.

When drafting a pre or post-nuptial agreement it is important that you and your partner obtain independent legal advice your lawyers sign the agreement to confirm that this requirement has been met it is signed at least 21 days prior to your marriage / civil partnership to prevent any subsequent arguments that either side was under pressure to sign, given the proximity of the ceremony (relevant to pre-nuptial agreements only) you give full disclosure of your assets and other financial circumstances.

If there is any suggestion that the agreement was obtained fraudulently or under duress a judge will not consider it. The Government has produced a document suggesting safeguards that would need to be included if they were to become binding and we include these in our nuptial agreement drafting process.

Family circumstances are likely to change so a nuptial agreement must be regularly reviewed to ensure that it still reflects the wishes of both parties. The agreement should be reviewed after a significant life event such as the birth of a child, major illness or inheritance, or at least every five years.