I’m thinking of entering into a pre-nuptial agreement. Will the courts enforce them?

Contrary to popular opinion, pre-nuptial agreements can carry significant weight in the courts in England and Wales, provided they are entered into properly, but they are not automatically legally binding.

The court may uphold a pre-nuptial agreement where both parties entered into it freely, had a full understanding of its implications, and where it would be fair to hold both parties to the agreement.
This is why it is important for both parties to obtain independent legal advice before entering into such an agreement. A specialist solicitor can draft your pre-nuptial agreement to give it the best possible chance of being upheld by the court and help ensure that the terms remain appropriate if circumstances change in the future.

A pre-nuptial agreement may be particularly useful if, for example, you are a high net worth individual or are entering a second marriage later in life and want to clarify how certain assets may be treated in the event of a divorce.

It may also be useful if you have children from a previous relationship and wish to protect certain assets for their future benefit.

Without a pre-nuptial agreement, the court will determine how assets should be divided based on the specific circumstances of the case and what it considers to be fair. This does not automatically mean assets will be divided equally.

Where both parties have obtained independent legal advice, fully disclosed their finances and the agreement remains fair at the time it is considered by the court, it is more likely to be upheld.