Pre and post-marital (or "nuptial") agreements are not currently strictly enforceable as binding contracts in England and Wales. However, the Court has held that, certainly for pre-marital agreements entered into after 20 October 2010 (when an important decision relating to pre-marital agreements was handed down by the Supreme Court) that the Court should give effect to a pre or post-marital agreement that is freely entered into by each party with a full appreciation for the implications of the agreement unless it would not be fair to hold the parties to their agreement.

Such agreements may be important evidence of what the parties intend to happen. They may be influential. This is particularly so in short, childless marriages.

Prenuptial agreements can also be useful in providing evidence of what property was brought into the marriage. This is called non-matrimonial property. It is less likely to be divided equally, since it was the product of the marriage partnership. Having evidence of what properties or savings were brought in (if these were substantial) may be helpful, again if it is a short marriage.