Pre and Post Nuptial Agreements

A pre-nuptial agreement (“pre nup”) is a legal agreement made between a couple prior to their marriage.  

A post-nuptial agreement (“post nup”) is a legal agreement made between a couple after their marriage.  

The purpose of any nuptial agreement is to assist the couple should their marriage breakdown.  A nuptial agreement will set out how the couple would like their assets to be divided if they separate.  

Nuptial agreements are not binding.  Where one party seeks to withdraw from the agreement at the point of separation, then he or she may do so.  The court will consider the terms of any nuptial agreement if there is a dispute but can disregard the agreement if it is fair and appropriate to do so.  The existence of a pre or post nup is only one of the many factors which the court may take into account.  

All nuptial agreements must be carefully drafted and both parties will require to take independent legal advice.  There must also be open disclosure of both party’s financial circumstances.  In the case of a pre-nup, the agreement must be finalised at least 28 days prior to the marriage.  

Read our blog focusing on Pre-Nups for more information.