Pre-nuptial or pre-civil partnership agreements can be entered into to protect your interests and assets in the event of divorce or dissolution.

Such agreements are, however, not strictly enforceable as contracts as they are not legally binding in the UK. They may, on the other hand, be taken into account to arrive at a correct resolution of the financial and property matters between you and your partner.

The court, when dealing with finances and property during divorce or dissolution, will consider what weight should, in justice, be attached to your agreement. The agreement cannot prevent the court from using its powers to override your “contract” because the first duty of the court is to arrive at a solution that is fair to you both.

A pre-nuptial or pre-civil partnership agreement will only be treated as “an agreement” if the following three elements are present:

1. Both parties obtain independent legal advice.

2. Neither party is put under pressure to agree to the terms and the agreement is entered into fairly.

3. Both parties have full knowledge of each other’s financial position.

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Married or not is part of LivingTogether - a campaign led by Advicenow.org.uk to inform cohabiting couples of their legal rights. The Nuffield Foundation and the Department for Constitutional Affairs supported One Plus One's development of material for Married or Not. The legal information on this site was checked by Sarah Forster.