Pre and post nuptial agreements and other relationship agreements can shape what happens if, at a later stage, you and your partner separate and divorce. In the meantime, they can bring clarity and support to your relationship and can provide the added benefit of legal protection should either of you need it at a later date.

Care needs to be taken to ensure that any agreement that you sign is legally binding. This is particularly the case with pre nuptial agreements where there are challenging hurdles to creating a binding agreement.

For example:

• You need to give yourself enough time before the wedding to finalise the agreement. At the very least, you should both have signed the agreement no fewer than 28 days before your wedding date.
• Importantly, both parties must have freely and voluntarily entered into the agreement.

• It is essential that you fully understand the implications of any relationship agreement, including how the Courts might interpret the agreement if it is ever relied on. Obtaining independent legal advice will be key in this respect.

• Full disclosure of each other’s financial circumstances at the time of entering into the agreement will also be relevant.

• The terms of the agreement should be fair.

The Supreme Court gave guidance about what the Courts should take into account when holding parties to nuptial agreements in the case of Radmacher v Granatino in 2010. The Supreme Court said: “the court should give effect to a nuptial agreement that is freely entered into by each party with a full appreciation of its implications unless in the circumstances prevailing it would not be fair to hold the parties to the agreement.”

So, a judge is still able to exercise discretion in determining whether the nuptial agreement should be binding on the couple. But, if the criteria referred to above are met, then a couple should expect to be held to the terms of their nuptial agreement.

We often find that the collaborative approach is the best forum within which to negotiate relationship agreements. We also offer a mediation-based service to couples who are considering entering into a pre nuptial or other relationship agreement. If you would like to learn more about why a collaborative pre-nup might be the best option, watch this video which explains more about the process.

Our divorce consultants and therapists can provide assistance to you if you are thinking of entering into a pre nuptial or a post nuptial agreement (whether or not with one of the lawyers at FLiP). Their sessions can work well alongside the legal process, particularly if you think that entering into a pre or post nuptial agreement might stir up difficult feelings.

At FLiP our expertise in negotiating and delivering pre and post nuptial agreements and relationship agreements is second to none. We combine the first-class knowledge of our lawyers with the support of our counsellors to offer an unrivalled service, delivered with insight and understanding.

Knowledge of the international rules applying to pre and post marriage agreements is a key aspect of our international family law work and we have close contacts with expert family lawyers across the globe who can assist when required. More information on foreign marital agreements can be found here.

Whatever your personal circumstances, our talented team of family lawyers has the experience and technical skill to work with you to deliver a pre or post nuptial agreement or relationship agreement which gives you peace of mind.