Pre-Nuptial & Post-Nuptial Agreements

Prenuptial Agreements are not legally enforceable in England and Wales. It is for a Court to determine how much weight should be given to a Prenuptial Agreement and whether it should be upheld.

The general rule is that a Court should give effect to an agreement freely entered into by the parties unless in the circumstances it would not be fair to hold the parties to that agreement.

One important factor for the Court to consider is whether upholding the Prenuptial Agreement will disadvantage the children. The Court will also need to take into account the changing circumstances of the parties since the Agreement was entered into.

A post-nuptial agreement has the same characteristics as a Prenuptial Agreement except it is entered into after marriage or civil partnership.

For advice and further information please contact our Family Law team on 020 8826 1203 / 020 8826 2273 or email us at info@caseandlaw.co.uk. Alternatively, you can fill out the contact form below to arrange for a call back from one of our specialist solicitors.