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Law
The status of pre-nuptial and post-nuptial agreements in Gibraltar
By Charles Simpson and Joanna Baglietto, Dispute Resolution Team, Triay Lawyers
We are often asked about the extent to which prenuptial agreements and other financial agreements between spouses are enforceable. In short, the local Matrimonial Causes Act 1962 (Gibraltar) (MCA) contains express statutory provision enabling spouses or future spouses to enter into a financial agreement either before, during, or after marriage.
To what extent are
pre- and post-nuptial
agreements binding in
Gibraltar?
Under Part VIA of the MCA, pre- and post-
nuptial agreements are binding in Gibraltar as financial agreements. An agreement will constitute a financial agreement under the MCA if all of the following apply:
•It is expressed as a financial agreement. •The spouses or the parties contemplating marriage make a written agreement regarding how finances should be dealt with in the event of marital breakdown, provision for spousal maintenance during marriage and/or divorce, as well as other matters incidental or ancillary to the treatment of finances and maintenance.
•At the time of the agreement, the parties are not bound by any other agreement regarding the matters provided above.
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