Prenuptial and Postnuptial Agreements

Recent case law has significantly increased the weight given by the Courts to prenuptial and postnuptial agreements.  Consequently, more couples are chosing to decide what financial arrangements should prevail should they divorce.

We advise on both the terms of any prenuptial or postnuptial agreement and all steps necessary to ensure maximum credibility of your agreement.

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• Deborah Jeff
• Margaret Kelly
• David Lillywhite
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Prenuptial agreements

A prenuptial agreement is a formal, written agreement entered into before a marriage which sets out what the financial settlement will be in the event of future separation and divorce.  Historically, these agreements have not been binding and the Courts have been concerned to protect the financial weaker party.  However, since 2nd July 2009 the presumption is that a prenuptial agreement will be upheld, subject to certain criteria being met, and the burden is now on the person seeking to extricate themselves from the agreement to show why it should be disregarded. 

Postnuptial agreements

These are the same as prenuptial agreements but entered into after the couple have married.  This removes the possibility of one party only agreeing to marry if the agreement is entered into.  Because of this important distinction, postnuptial agreements are now binding, again, subject to certain criteria. 

Click here for a 4 minute podcast by Deborah Jeff, Head of Family, introducing prenuptial and postnuptial agreements.

For further information, please contact Deborah Jeff on +44 (0) 20 7725 8041 or click here to email Deborah Jeff directly.