Our Family Law experts have provided some information and answers here to some frequently asked questions regularly raised by our clients about prenuptial agreements.
Are prenuptial agreements binding?
No. In England and Wales, the courts have the final say and are not bound by the terms of a prenuptial or (post-nuptial) agreement. However, such agreements may be important evidence for what the parties intend to happen. They may be influential.
Can I change a prenuptial agreement once I have entered into it?
Any agreement can be changed if the parties to the agreement agree on what changes there should be.
Can I make a prenuptial agreement once I have got married?
It is much better to agree all of these arrangements before the marriage takes place but it is possible to enter into a similar agreement once the marriage has taken place. These are known as ‘Post-nuptial Agreements’.
What is a prenuptial agreement or a “prenup”?
This is a formal agreement entered into by a couple before they get married. It sets out what they have agreed will happen to their assets in the event of a future divorce.
Who can enter into a prenuptial agreement?
Any couple who are contemplating marriage or entering into a civil partnership.