Prenuptial agreements – contracts made before marriage about property, alimony, and financial arrangements in case of separation – are common in some countries but still unusual or controversial in others.
Their enforceability depends on local law and public policy. Some systems treat marriage as more than a private contract and are wary of agreements that “plan for divorce” or unfairly restrict rights, especially of financially weaker spouses or children.
However, courts are often open to considering prenups if:
- Both parties had full disclosure of assets,
- They had independent legal advice,
- There was no coercion or imbalance of bargaining power,
- The terms are not grossly unfair at the time of enforcement.
Even where prenups are not fully binding, they may still carry persuasive value as evidence of intentions. They can reduce uncertainty for business owners, second marriages, or cross-border couples with complex asset structures.
If you do consider one, it should be drafted carefully by family law specialists, and you must be honest about your finances. A one-sided, rushed document signed on the eve of the wedding is unlikely to survive serious scrutiny.
