What is a Nuptial Agreement & What Does it Cover?

Nuptial agreements refer to both pre-nuptial and post-nuptial agreements. These types of legal agreements are made between two people either before or after the marriage has taken place. The purpose of the agreement is to clearly set out how the couple would want their assets shared between them if they were to separate or divorce.

It’s usual to define both “matrimonial property” and “non-matrimonial property” (or “joint property” and “separate property”) because the agreement will detail how the couple will share these assets in the event of separation or divorce.

Matrimonial property includes assets acquired during a marriage and held in a couple’s joint names, for example a joint bank account, the family home.

Non-matrimonial property is assets one party may have owned prior the marriage, inherited or gifts they’ve received directly whilst married.

The agreements can also address income and future earnings, providing a structured approach to how finances are managed both during the marriage and in the event of a separation.

This provides an overview of what nuptial agreements cover. How they are treated in practice is often where the real questions begin, something I consider in the next part of this series. Watch for the next article where I discuss this further.

Are you considering how to structure your financial arrangements clearly from the outset? Elizabeth Stocker is a consultant solicitor specialising in family law and nuptial agreements. She can help you put the right framework in place. Get in touch for a confidential discussion.