Are Prenuptial / Pre-Civil Partnership Agreements legally binding?


A prenuptial / pre-civil partnership agreement cannot prevent an application being made to the court in divorce / dissolution proceedings. However, prenuptial / pre-civil partnership agreements are factors that the court can consider in the event of a relationship breakdown when dealing with finances in divorce / dissolution proceedings. There have been several reported cases where English courts have held couples bound by their prenuptial agreement.

The court will give effect to the agreement if it is freely entered into by each party with a full understanding of its implications unless in the particular circumstances of the case it would not be fair to hold the parties to it. There should have been an exchange of financial disclosure / information. The agreement cannot be allowed to prejudice the reasonable requirements of any children.

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