Pre-nuptial agreements (or ‘pre-nups’)
Considering entering into a pre-nup is not the most romantic of exercises but can be very useful, especially in circumstances where the parties are bringing substantial assets to the marriage; and it can also reduce the risk of convoluted and costly legal proceedings if the marriage were to end in divorce.
The agreement needs to be signed at least 28 days before the date of the marriage.
Whilst a pre-nup is not legally binding at the moment, the courts are likely to uphold the agreement if it meets certain criteria (for example, that it was entered into freely by both parties; both had a full understanding of the agreement; and both had independent legal advice) unless the circumstances surrounding the divorce would deem it unfair.
