Is a post nuptial agreement recognised as binding by the courts?
This will depend on the terms of the agreement and whether it meets, as a priority, the needs of the family, and in particular, those of any children. Whether or not a marriage is in difficulties, there will be circumstances when a husband or wife will want to reorganisetheir financial or property arrangements. A motivating factor may well arise from either the husband or wife having inherited family wealth or built up capital assets during the course of the marriage that needs to be protected or preserved for the individual in the event of a future separation or divorce. Unlike pre-nuptial agreements entered into before marriage, which are becoming increasingly popular, those negotiated once married are likely to have their own distinctive flavour. For instance, husband and wife may have been married for several years; during the marriage their financial circumstances may have improved considerably, children may have been born, and one or both of them may have accumulated wealth or as
