Our Family team can help you with all aspects of post nuptial agreements. Our solicitors can assist in drafting prenuptial agreements so that in the unfortunate event a relationship ends assets are protected.
Contact UsPost Nuptial Agreements
Post nuptial agreements are used by spouses who wish to formally set out how they would like their financial arrangements to be agreed in the event of their relationship breaking down.
These agreements are entered into after a wedding has taken place and the couple are legally married. They are likely to be upheld if they are entered into in accordance with guidance provided by case law under following the Law Commission’s recommendations.
Post nuptial agreements are entered into by spouses who wish to regulate between themselves how their property and assets should be divided in the event that they split up.
These agreements are likely to be upheld if they are fair in the circumstances prevailing and both spouses fully understand the implications of what they are signing. This normally means that they provide full financial disclosure and obtain their own separate independent legal advice.
Sometimes post nuptial agreements are made if a pre-nuptial agreement or heads of terms have been entered into close to the wedding date. By signing a post nuptial agreement afterwards that confirm the terms of the pre-nuptial agreement, this signifies that the couple have agreed to these arrangements without the pressure of the wedding affecting their decision.
Additionally, post nuptial agreements are often recommended by lawyers in situations where a marriage has encountered difficulties and the couple want to set out what will happen if following that difficulty, the marriage does not endure in the longer term and the couple eventually split up.
Is a postnuptial agreement complicated?
Postnuptial agreements in the UK vary in complexity due to legal requirements and considerations. The marriage agreement is complex because of factors such as: financial arrangements, the protection of assets and the unique circumstances of the couple.
For most a postnuptial agreement can be straightforward, but for some it may require careful negotiation and drafting.
No matter what your situation is it is highly recommended that you get a postnuptial agreement lawyer to look after your interests and ensure you get the best from the agreement. This is essential when dealing with significant assets or complex financial arrangements to consider, so hire a solicitor who is experienced in family law and marital agreements in the UK to help you navigate the postnuptial agreement effectively.
Why Should I Consider a Postnuptial Agreement?
A postnuptial agreement solicitor offers a range of benefits that you should consider, one of the key ones being asset protection. Ultimately, working hard amounts to more success, more money and thus, more assets. With that being said, it is understandable that you would want to protect those assets.
Business interests can impact a marriage, particularly when large scale, high turnover businesses are a staple part of your income. In the even of a divorce, a post-nuptial agreement can ensure that financial disputes are kept at bay, or at the very least are resolved more easily due to the information laid out in the postnuptial agreement.
While these aspects are often taken care of within a prenuptial agreement, there could be changing circumstances after the marriage and therefore, a postnuptial agreement solicitor can help you reflect these changes in a new agreement.
Our postnuptial agreement solicitors offer a way of keeping you, your family both from current or previous marriages, in a position of protection. If you have assets you want to keep safe and children whose inheritance need safeguarding, then get in touch with us at BBS Law to find out how we can help with drafting a comprehensive postnuptial agreement.
How Can I Ensure That My Postnuptial Agreement Is Valid?
A postnuptial agreement solicitor is who can ensure that you have a well drafted agreement that is legally sound and valid.
To ensure that a postnuptial agreement is valid and likely to be upheld by the courts, the following criteria are considered by our skilled team of post nuptial solicitors here at BBS Law:
- Fairness on both sides: The postnuptial agreement must be reasonable and not unfairly benefit one spouse over the other.
- Full Financial Disclosure: Both parties must disclose all their financial assets, liabilities, and interests to ensure optimal transparency.
- Legal understanding: Each spouse should have their own independent legal advice to ensure they fully understand the agreement.
- No Duress or Undue Influence: Both parties must enter into the agreement voluntarily and without any form of pressure.
- Regular Postnuptial Agreement Review: It is advisable to review and update the agreement periodically which is what our team can help you with, especially if there are significant changes in circumstances such as children, inheritance, or changes in financial status.
3 Top Benefits of a Postnuptial Agreement
There is a reason postnuptial agreements are such a widely used way of protection of assets in the world of marriage; they are reliable ways of keeping families from dispute while keeping assets in the right hands should a marriage end up in divorce.
That being said, there are some key benefits that our postnuptial agreement solicitors can provide you with, including but not limited to:
#1 Dispute Avoidance
While dispute resolution in terms of divorce and family law is always an option, a less stressful task is the prevention. A postnuptial agreement can help avoid a dispute and litigation altogether, before it gets any more sinister.
#2 Asset Protection
One of the more evident benefits of postnuptial agreements is the protection of assets. As we said, why leave your hard work of earnings at risk? While nobody wants a marriage to end in divorce, we understand that it is sometimes unavoidable.
If this ends up being the case, it is crucial that your assets are protected, which is precisely what a postnuptial agreement is there for.
#3 Estate Planning Support
A well arranged and drafted agreement by highly competent postnuptial agreement solicitors can align with estate planning objectives, this helps to ensure financial arrangements reflect your wishes and protect future generations.
What’s the difference between a pre and post nuptial marriage agreement?
A prenuptial agreement in the UK is a contract between two individuals signed before their marriage.
It sets out how finances and assets are to be divided in the event of divorce or death. Prenuptial agreements are made prior to marriage and are governed by UK law. Whereas a postnuptial agreement is entered after marriage, allowing couples to establish terms for property division, financial matters and other issues during their marriage.
A postnuptial agreement in the UK is subject to legal requirements and must be carefully drafted to ensure enforceability, taking into account any changes in circumstances that may have occurred since the marriage.
So the difference is the timeline, prenuptial is before marriage and postnuptial is entered when you are married.
Who should opt for a postnuptial agreement?
Any couple in the UK without a prenuptial agreement who wants to protect assets acquired during marriage, clarify financial matters, address changing circumstances or define ownership of specific assets should consider a postnuptial agreement.
It can be beneficial for couples to address financial concerns, expectations regarding property and support in the case of divorce or death.
Be sure to hire a professional postnuptial agreement lawyer to get support and advice on what to do.
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