Examples are where one of the parties has substantially more wealth than the other or has pre-existing family commitments, perhaps from a previous marriage or there are family heirlooms to be preserved. In these cases the general presumption of the family assets belonging to the parties equally on a breakdown of the relationship may be inappropriate and unfair. Such circumstances can be provided for by a pre-marital (also known as a pre-nuptial) agreement or by specified property or funds being held on trust.

Considering what is to happen if the marriage fails before it has even taken place is not very romantic but it can avoid disputes and misunderstanding between the parties or their families at a future date.

Pre-marital agreements are not yet legally binding in England and Wales, but the courts are increasingly attaching considerable weight to them and require a good reason for departing from them. And of course the fact that the parties have voluntarily entered into an agreement lessens the risk of a dispute arising and having to be resolved by the court.