What is a Prenuptial Agreement?

A prenuptial agreement is a legally binding contract entered into by a couple before marriage or civil partnership. The main purpose of a prenuptial agreement is to specify how financial matters will be dealt with in the event of a divorce or separation.

For an agreement to be given significant weight by a court, the following criteria must be met:

The agreement must be entered into freely, and there must be full financial disclosure by both parties.

The terms of the agreement must be fair and realistic for both parties, and each party should receive independent legal advice before signing the agreement.

The agreement should be signed at least 28 days before the wedding or civil partnership date.

Without a valid prenuptial agreement, the starting point for the division of assets in divorce is an equal split, however courts have discretion to depart from the starting point.