Pre – Nuptial Agreement

A Pre - Nuptial Agreement is a document that is drawn up between a couple before they marry one another. Its purpose is to outline how each of their assets will be divided between them in the event of a divorce. It is important to understand that Pre- Nuptial Agreements in the UK are not legally binding, but when drafted correctly, are and can be extremely influential to a court and can provide some certainty in such circumstances.

It is important that Pre- Nuptial Agreements are signed at least 21 days prior to the wedding and both parties should receive legal advice and provide full and financial disclosure. The Pre – Nuptial should also contain review clauses.

Post – Nuptial Agreement

Where parties did not enter into a Pre-Nuptial Agreement, they may wish to consider entering a Post – Nuptial Agreement. Just like a Pre – Nuptial Agreement, a Post – Nuptial Agreement sets out the parties’ intentions and expectations of how their assets should be divided upon divorce.

Post- Nuptial agreements are not legally binding, but if drafted correctly are influential to the court. Parties can enter a Post – Nuptial agreement at any time after they have married one another. The idea is to set out current financial situations and future financial circumstances should they arise.

Just like with Pre – Nuptial agreements, it is important that both parties receive legal advice and provide full and financial disclosure.