Prenuptial agreements are more likely to be upheld by the courts since the recent Radmacher decision from the Supreme Court, provided a number of conditions are met.
Postnuptial agreements can be made by married couples who wish to specify the arrangements they want to put in place if their marriage should break down.
Neither Pre or Postnuptial agreements are binding in the courts but are likely to influence the court’s decision. However the Law Commission are currently considering proposals which would mean the end of such uncertainty and would allow couples to make binding arrangements with regard to their finances should the relationship fail.
Cohabitation agreements can be made to provide contractual terms for cohabiting couples while they are living together and if they separate. Such agreements can provide security in an area where the general law is notorious for lacking fairness.