A pre-nup (or "pre-marital agreement") is an agreement entered into by a couple before their marriage designed to regulate what should happen on relationship breakdowns. A post-nup (or "post-marital agreement") is designed to deal with the same situation, but is entered into by a couple during their marriage.
Pre and post-nups are not currently strictly enforceable as binding contracts in England and Wales. However, the Court has held that, certainly for pre-nups entered into after 20 October 2010 (when an important decision relating to pre-marital agreements was handed down by the Supreme Court) that where pre-nups are freely entered into by each party with a full appreciation for the implications of the agreement, the Court should hold the parties to the agreement unless it would not be fair to do so.
Pre-nups are increasingly the norm rather than the exception, particularly for those wishing to protect their wealth or assets that they have inherited.
To find out more, click on one of our FAQs.
Are pre-marital agreements made abroad binding?
Why should I have a pre-marital agreement?
Where should I divorce with a pre-marital agreement?
How are post-marital agreements treated?
Can my agreement specify the country for a divorce?