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E. Nuptial agreements

As long as society continues to evolve, matrimonial law is ever changing. Agreements made between couples before or after marriage become more common. Premarital and post-marital agreements are known as nuptial agreements. Nuptial agreements are contracts, entered into by couples, which determine the rights and obligations of each of them in the event their marriage fails. Premarital agreements are drawn up and signed before marriage, while post-marital agreements are made during the marriage. Post-marital agreements can be made either while the couple is still together, or when they separate. Post-marital agreements entered into during separation are known as “separation agreements”.


The content of nuptial agreements normally include terms for:


  • division of property
  • maintenance for support of a spouse
  • other financial arrangements such as trusts, company share transfers etc.


More complex agreements may arise where specific terms for a financial award result in the breakdown of the marriage.