In England and Wales there is no statute that recognises pre- and post-nuptial agreements. However there has been significant case law where Judges have taken into account the term of the agreements when considering the division of assets on divorce.
A pre-nuptial agreement (commonly referred to as ‘pre-nup’) is an agreement that sets out the agreed settlement of property and other assets should the marriage breakdown. The agreement provides parties with the protection of inherited family wealth, should there be a wealth difference between the parties.
Similar to a pre-nup, a post-nuptial agreement is entered into for similar reasons. The post-nuptial agreement is entered into post-marriage and may be pertinent should there have been a financial change in the course of the marriage.
When entering into a pre-nuptial or post-nuptial agreement we recommend considering the following as a starting point:
N.B. This is not an exhaustive list and is not intended to be relied upon in the absence of legal advice.