Are post-nuptial agreements legally binding?

There is a general checklist that the courts can consider when deciding whether to uphold a post-nuptial agreement:

• both parties should receive independent legal advice to ensure that they fully understand the effects of the agreement
• there should be an exchange of financial disclosure, setting out the parties’ assets and income with documentation in support
• the agreement should make reference to any children of the parties and explain how they will be provided for on separation
• the agreement should be reviewed on the birth of any child or if the parties’ circumstances change significantly, for instance if either party becomes unable to work or there is a significant change in assets
• whether the terms of the agreement are fair i.e. does the agreement provide for each party’s basic needs if you divorce
• whether there was any fraud or misrepresentation by a party regarding the agreement
• the court will consider all the circumstances of the case including any pressure they may be under from each other or third parties

The court will also consider whether legal requirements were followed when the agreement was entered into. The document must be in a specific legal format in order to be valid.