The current state of the law is that pre nuptial agreements are not enforceable although if properly entered into, the court will almost certainly have regard to them. This is more so the shorter the marriage as long as there are no children. However, in a long marriage the agreement may be of less limited relevance. The law may change in the future to make such agreements enforceable and this may apply to deeds entered into before the law is made ie it may be retrospective.
The criteria that need to be met for the deed to stand any chance of being followed by the Judge are:
- It must not be signed within 21 days of the date set for the wedding
- Each party must be aware and be given disclosure of the assets and financial situation of the other
- Each party must take legal advice
- There must be no duress