A prenuptial agreement is a written agreement between a couple that intends to marry but wants to set out how their assets should be shared in the event that their marriage ends in divorce. They are usually enforced when one party has substantially more wealth than the other, where there is a business involved, where there is inherited assets or when previous children need to be protected. They are not yet legally binding in a court of law in England and Wales but are very persuasive and show evidence of intent.
A prenuptial agreement must be entered into well in advance of a wedding and both individuals must seek legal advice to do so as financial disclosure is essential. Not only this, but it is also important to see whether the parties were properly advised when going into this agreement or whether any of them were put under pressure to sign it.