Prenuptial agreements
A prenuptial agreement is drawn up by a couple before they marry, setting out their financial arrangements and protecting their separate property or wealth if they divorce.
Same-sex couples may also choose to enter into such an arrangement, known as a pre-partnership agreement.
While such agreements are not legally binding, courts will generally take them into consideration, especially if both parties have had legal advice and the terms are reasonable.
The following criteria will be considered when courts are deciding whether to enforce a prenuptial agreement:
- Did the spouse understand the agreement?
- Have the parties been properly advised as to its terms?
- Was the spouse pressurised into signing?
- Was there full disclosure of the relevant assets?
- Was the agreement signed willingly?
- Did one spouse exploit a dominant position?
- Was the agreement entered into in the knowledge that there would be a child?
- Have any unforeseen circumstances made enforcing the agreement unjust?
- Does the agreement avoid payment of maintenance and, if so, would it be unjust to hold the parties to that?
- Would upholding the agreement be unjust?
For more details on prenuptial agreements, please download our 
Guide to Prenuptial Agreements or contact us.
