Pre & Post Nuptial Agreements
In a recent case the Supreme Court decided that they would give effect to any genuine nuptial agreement (pre or post) by imposing its terms upon the parties unless it would not be fair to do so. It was held that although there might be some differences between pre and post-nuptial agreements, the same legal principles apply to both, and therefore there is an opportunity for couples to come to an agreement setting out what should happen in relation to the finances if the marriage breaks down.
In the event of your separation, the court must consider all the circumstances of the case and decide what is a fair outcome. So although it is within a court’s discretion whether and to what extent to take the agreement into account, our experience shows that pre-nuptial agreements are becoming more relevant to the decisions made. At the very least a pre-nuptial agreement acts as a starting point, particularly if the circumstances have not changed dramatically, or if the marriage is short.