Nuptial agreements: preparation matters

• Relevant case law dealing with pre- and post-nuptial agreements and essential points to include when drafting a nuptial agreement.

Nuptial agreements, whether pre- or post-, have the same status in law. Usually, they set out how the parties want their assets divided if they later separate or divorce, and may also deal with how income is to be treated during the marriage and post-separation.

Nuptial agreements have historically been the preserve of wealthier couples, either entering into a subsequent marriage, with the intention of protecting existing wealth for themselves or their children, or younger couples who wish to protect future wealth, such as inheritances, gifts from family or income streams that are destined to improve.

Nuptial agreements are not currently legally binding and cannot be enforced. Instead, they are evidence of intentions. Radmacher v Granatino [2010] UKSC 42, [2010] All ER (D) 186 (Oct) has been the leading case on nuptial agreements since