What is a pre-nuptial agreement and are they binding?

A pre-nuptial agreement or a prenup as they are more commonly known is a written contract between a couple before they marry.

It sets out how their assets and debts will be divided if their marriage ends.

It can cover various financial arrangements, including assets acquired before marriage, inheritance, and trust funds.

A prenup helps protect assets and wealth, ensuring they are not considered matrimonial property in case of divorce.

Prenups are not automatically binding in England.

Family courts will consider the prenup on asset distribution during divorce proceedings.

The court will give considerable weight to a prenup so long as the prenup has been correctly drafted.

The court will consider the following factors in deciding whether or not the prenup is binding:

• Whether both parties entered into the agreement freely and with full knowledge of its implications.
• Whether the agreement is fair to both parties, considering their circumstances at the time of the agreement and the circumstances at the time of the divorce.
• Whether the prenup was signed within 28 days of the marriage or civil partnership.