Pre-marital agreements – sometimes referred to as pre nuptial agreements, set out what is intended to happen to pre marital assets in the event of a breakdown of the marriage. Although these pre marital contracts are not binding under English Law, there is a trend towards the Courts recognising Pre-marital agreements and attaching weight to them where the terms are seen to be reasonable.
Sometimes couples planning separation or divorce decide to reconcile. It is possible to enter into a post-nuptial agreement to determine the division of assets if the reconciliation is unsuccessful. Whilst they are not yet binding under English Law they may be persuasive on a subsequent breakdown of marriage.