Pre-nuptial and post-nuptial agreements are gaining currency as a contractual documents to regulate family finances during marriage.  However, in certain circumstances they can bind the parties (including husband and wife and even civil partners) to their terms, much depends upon how the document was completed and whether specific criteria were met.

Extreme caution needs to be exercised in advising and drafting marital agreements of this kind and our team have considerable experience of this dynamic area of law.  Sometimes agreements need to regulate what happens upon separation whereas others are simply designed to protect assets acquired before the relationship started.  We would always advise clients to seek advice in the early stages of wedding preparations or discussions during marriage to ensure that expected options remain open.