A pre-marital agreement (or "pre-nup") is an agreement entered into by a couple before their marriage designed to regulate what should happen on relationship breakdowns. A post-marital agreement (or "post-nup") is designed to deal with the same situation, but is entered into by a couple during their marriage.
Pre and post-marital 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 are increasingly the norm rather than the exception, particularly for those wishing to protect their wealth or assets that they have inherited.
Please see our pre and post-martial agreement section for more information.