Can pre-nuptial agreements be used to protect assets?
If the parties are not married but living together then an agreement of asset ownership between the parties will be enforceable as the courts do not have jurisdiction over non-married couples. For married couples the court in the United Kingdom can look beyond any pre-nuptial agreement when making a final order on divorce, judicial separation or nullity as the courts have jurisdiction over the division of the matrimonial assets. Therefore the basic rules of the Matrimonial Causes Act 1973 (MCA 73) requiring the court to have regard to the needs of both parties will still apply, irrespective of any written agreement between the parties.
