The Courts are increasingly taking into account the existence of pre-nuptial agreements when determining the financial issues following divorce. It is essential that such agreements are prepared at least a few weeks prior to the parties’ marriage, preferably more than 21 days, and that they make full disclosure of their financial circumstances and have independent legal advice before entering into the agreement.
Such agreements are not automatically legally binding but, if the above requirements are met, it is more likely to be taken into account. It is usually the case that such agreements do not apply in the event of the parties having children following the marriage.
