Prenuptial agreements are more likely to be put in place when one partner already has, or is likely to acquire, more assets than the other. For example, those with a large inheritance, landowners, business owners or couples who are marrying in later life or who may be entering into a second marriage.
Whilst both prenups and postnups are not currently legally binding in the UK, they are becoming more and more accepted by the courts as proof of a couple’s intentions should they wish to divorce in the future.
In the recent case of MN v AN [2023] EWHC 613 (Fam), Mr Justice Moor delivered a judgment that reinforces the English court’s commitment to upholding valid prenuptial agreements. This landmark decision highlights the importance of carefully crafted prenuptial agreements, shedding light on the court’s approach when faced with challenges during divorce proceedings.
