Helen Cort, Legal Director, BDB Pitmans, explains the legal position and relevance of pre-nuptial and post-nuptial agreements
What are pre-nups?
Pre-nups are contracts made between a couple before they marry or enter a civil partnership and set out the financial consequences of a future divorce or dissolution.
Why do I need one?
A pre-nup will make a difference to how financial assets are divided between you and your spouse or civil partner. You may want to enter into one, if for example, you are marrying or entering a civil partnership later in life and have already accumulated wealth, received or are about to receive an inheritance, or have children from a previous relationship who you want to ensure will also be protected.
What can I do if I am already married or in a civil partnership but would like to make an agreement?
You can enter into a post-nuptial agreement which is dealt with in the same way as a pre-nup. As with a pre-nup, you will need your partner’s agreement.
Are they legally binding?
While pre and post-nups are not legally binding under statute in England and Wales, the court will uphold a pre or post-nup that is fair and correctly entered into.
What should I do if I want to make a pre-or post-nup?
You should take legal advice at an early stage as it is crucial that certain principles are met. If these are not followed the court may not uphold the legal agreement.
For further advice on any of these issues please contact Helen Cort in BDB Pitmans’ specialist
family team in Southampton on 02380 837707.
Cambridge | London | Reading | Southampton
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