What are prenuptial agreements?

What is a prenuptial agreement?

A nuptial agreement is a legal agreement between two parties outlining what should happen to their finances should they divorce. A prenuptial agreement is one made by a couple prior to their marriage, whereas a post-nuptial agreement is one made following the marriage. 

Essentially, a nuptial agreement is a method of wealth protection, as well as a tool to hopefully reduce conflict and acrimony in divorce by removing the need to fight about who gets what.

Following Vardags’ victory in the landmark Supreme Court case of Radmacher v Granatino in 2010, prenuptial agreements have been increasingly adopted in English law. Though not absolutely binding, the court will seek to apply a prenuptial agreement unless it is unfair.

Prenups can be seen as unfair if they were entered into in unfair circumstances – for example if a party didn’t declare all their assets, or applied undue pressure – or if the agreements fails to meet even the basic needs of one of the parties. You can learn more about why a prenup may be considered unfair by reading our dedicated guides to vitiating factors and the criteria for a valid nuptial agreement. 

Though a court will make its own decision as to the division of assets, a prenuptial agreement will have “magnetic importance” when reaching that conclusion. The presence of a prenuptial agreement can massively affect the financial outcome of a divorce case.

Arguing about the weight that should be given to a prenuptial agreement is a highly technical legal argument. If your case involves a prenup, it is vital you take good legal advice as early as you can.

If you’re considering or going through a divorce and have a prenuptial agreement, or you’re interested in entering one before your marriage, click below for a free initial consultation with one of our expert divorce solicitors.

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