Although pre and post nuptial agreements are yet to be considered binding the courts of England and Wales they are increasing in popularity with parties wishing to safeguard existing assets, assets from a previous marriage, wealth generated before the marriage or inherited or business assets. 

Pre-Nuptial Agreements are entered into before the marriage. Postnuptial Agreements are entered into during the marriage. Both documents can be very similar in what they cover and usually include provisions for financial support when the parties separate, how they will be housed and how the children will be looked after financially.

Despite these agreements not being automatically binding, the courts will give them decisive weight when the following criteria are met:

• The agreement must be signed at least 21 days prior to the wedding or the effective date of the civil partnership.

• There must be a complete financial disclosure by both parties.

• Both parties must receive independent legal advice from separate solicitors prior to signing the agreement.

• The agreement must be fair and realistic. It cannot heavily favour one party over the other or exceed the terms of current law regarding financial settlements in divorce.

• It must include plans for current or future children.

MBS Family Law frequently advises on the drafting and reviewing of prenuptial and postnuptial agreements. Where there is an international element to consider advice is sought from international gamily law contacts to ensure the agreement works well with documents in other jurisdictions.