Across most of Europe and the world, prenuptial and postnuptial agreements are binding. This is not the case in the UK, where the Courts have the power to make alternative decisions if an agreement is unfair or does not meet someone’s needs.
However, the Courts are increasingly aware of the importance of upholding marital agreements, and the Courts will follow an agreement unless there is a good reason to deviate from it.
It is important to regularly review marital agreements and therefore even after you have married, you may want to consider a postnuptial agreement, particularly if children are born or assets change in a way that had not been anticipated.
Marital agreements need to be carefully thought through and drafted. They must be fair to both parties, who will each have to provide full and frank financial disclosure. They often involve negotiations and it is, therefore, a pre-requisite for each party to obtain independent legal advice.