Jersey marital contracts manage risks under local customary law principles. These tailored agreements address cross-jurisdictional corporate holdings and trusts.
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Marital Agreements and Jersey Customary Law
Custom marital contracts address the specific customary law principles enforced by the Royal Court of Jersey.
To understand how separations work on the island, read our analysis of the Family, Divorce & Matrimonial landscape in Jersey.
How the Royal Court treats a nuptial agreement today
Jersey has no statute that makes a pre-nuptial or post-nuptial agreement binding. Financial claims on divorce are decided under the Matrimonial Causes (Jersey) Law 1949, which gives the court a wide discretion.
Under Articles 28 and 29 of that Law, once a decree of divorce, nullity or judicial separation has been made, the court can:
- order one spouse to transfer property to the other, or to or for a child of the family
- order property to be settled for the other spouse or the children
- order periodic maintenance and one or more lump sums
In doing so it has regard to "all the circumstances of the case", including the parties' conduct where it would be inequitable to disregard it, and their actual and potential financial circumstances. An agreement between the spouses is part of those circumstances. It does not replace the court's decision.
The cases are heard by the Matrimonial Causes Division of the Royal Court, set up by Article 3 of the same Law.
The power to vary marriage contracts
Article 27 adds a specific power. After a divorce or nullity decree, the court can cancel, vary or modify a marriage contract, marriage settlement, post-nuptial settlement or terms of separation, or terminate its trusts.
The court considers the parties' means, their conduct where it would be inequitable to disregard it, and the interests of any children. Article 27(2) allows it to do this even where the marriage or the agreement was made outside Jersey. A settlement made under another country's law is therefore not beyond the court's reach.
What the divorce reform would change
A new divorce law has been approved by the States Assembly but is not yet in force. The Draft Marriage and Civil Partnership (Dissolution and Separation) (Jersey) Law, lodged as P.85/2025, would introduce no-fault divorce and deal with nuptial agreements directly for the first time. Until it comes into force, the 1949 Law above still applies.
The report to the draft says its aim is a presumption that the terms of nuptial agreements and nuptial trusts bind the parties, subject to safeguards. In the draft as lodged, Article 22 lets the court set aside or vary an agreement or trust only where:
- it was made because of fraud, threats or duress
- either party did not have access to independent legal advice about it
- either party did not give full and frank financial disclosure first
- enforcing it would cause substantial hardship to either party or to a child of the family
- it was signed between 4 weeks before and 4 weeks after the date of the marriage or civil partnership
The draft applies the same rules to civil partnerships. It defines a nuptial agreement as one made before or during the relationship to decide how assets are divided if it ends. A later amendment made technical changes to Article 22. Check the final registered text on jerseylaw.je once the Law is in force.
Agreements and inheritance
A marital agreement deals with separation, but divorce also affects inheritance. Article 26 of the 1949 Law says that once a marriage is dissolved or annulled, neither former spouse is entitled to a share in the other's personal estate, or to dower or franc veuvage, on death.
While the marriage lasts, a surviving spouse has fixed rights under the Wills and Successions (Jersey) Law 1993, including a claim to part of the movable estate as légitime. Article 8 of that Law removes a surviving spouse's rights in some cases where the couple were living apart at the death. If your agreement is meant to protect family assets for children, have it reviewed together with your will.
Before you sign
- Allow time. Under the draft Law, signing within four weeks either side of the wedding would be a ground for the court to vary the agreement.
- Each of you should take independent advice from your own lawyer.
- Prepare a full list of assets, liabilities, trusts and business interests, with values and evidence.
- Say which law the agreement is meant to follow if either of you has links outside Jersey.
- Plan to review the agreement after a child is born, a business is sold or you inherit.
solicitors.je is an independent directory. We can point you towards Jersey firms that work in this area.
Pre- & Post-Nuptial Agreements Asked Questions
What happens if my circumstances change after signing a post-nuptial agreement in Jersey?
Marital agreements can include variation clauses to deal with life events or shifts in corporate wealth.
Are pre-nuptial and post-nuptial agreements legally binding in the Royal Court of Jersey?
Modern Royal Court precedent grants significant weight to properly drafted marital agreements. These contracts incorporate full financial disclosure and independent legal advice.
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