Post Nuptial Agreements

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.

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Post 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.

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.

Frequently Asked Questions

Are post nuptials legally binding?

Post nuptial agreements are not binding in the sense that there is no legislation in place that makes them automatically binding in England and Wales. However, if they are fair in the circumstances prevailing, the couple give full relevant disclosure of their financial circumstances, and they each receive independent legal advice, they are likely to be upheld provided they both understood the implications of what they were signing and were free from pressure at the time they signed the agreement. If they are entered into to confirm that they intend to be bound by the terms of a prenuptial agreement made shortly before the wedding, they are more likely to be binding. They are also more likely to be binding if they are made in the form of a qualifying nuptial agreement recommended by The Law Commission.

How do I get a post nuptial agreement?

Post nuptial agreements are normally drafted in accordance with precedents developed by specialist family lawyers. As you may be bound by an agreement made directly with your spouse, it is always prudent to have a post nuptial agreement drawn up by a lawyer to ensure that it is drafted in your best interests. Your lawyer will take instructions on what you want to have included, advise you on the law, then negotiate the terms with your spouse’s lawyer. The spouse being asked to sign a post nuptial agreement should always have a lawyer.

What should be included in a post nuptial agreement?

A post nuptial agreement should include the reasons why the couple have decided to agree how to divide their property and assets should their relationship break down. The agreement will normally set out which property is to be treated as joint or matrimonial in nature, and which property will be ringfenced as separate property and therefore retained by that spouse and left out of the division of assets should the couple split up. Most agreements will set out what financial provision will be made for the weaker financial spouse in the event of a relationship breakdown. It is always prudent to include a clause which allows for a shortfall payment to be made if the financial provision would otherwise leave the spouse who is to receive the financial provision in a predicament of real financial need.

Is prenup stronger than postnup?

Prenuptial and Post nuptial agreements are both forms of nuptial or marital agreement so the starting point is that neither one is stronger than the other.

If a post nuptial agreement is made to confirm the terms of a pre-nuptial agreement entered into just before the wedding, the post nuptial agreement is likely to be considered as confirmation that the couple wish to be bound by the prenuptial agreement making the nuptial agreements between each other stronger.

If a post nuptial agreement is made later on in the marriage and is not linked to a prenuptial agreement, as long as they follow the above criteria, they are likely to be upheld provided neither spouse was under pressure at the time of entering into the agreement.

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Post Nuptial Agreements

Request a call back

Post Nuptial Agreements

Is a postnuptial agreement complicated?

What’s the difference between a pre and post nuptial marriage agreement?

Who should opt for a postnuptial agreement?

Family Partner

Frequently Asked Questions

Are post nuptials legally binding?

How do I get a post nuptial agreement?

What should be included in a post nuptial agreement?

Is prenup stronger than postnup?

Our Family Partner

For proactive, bespoke, commercial solutions, contact us to discuss your needs.

Request a call back

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