Family Law
Post-Nuptial Agreements
A post-nuptial agreement (often called a “post-nup”) is a legal document made after marriage or civil partnership that sets out how assets, finances, and responsibilities will be dealt with if the marriage or civil partnership ends.
Family Law
What Is a Post-Nuptial Agreement?
Whilst everyone hopes they will never be needed, a properly drafted agreement can help reduce the uncertainty of a divorce or dissolution of marriage or a civil partnership and provide stability, understanding and clarity.
A post-nuptial agreement is a written contract between two people who are married. It typically covers ownership of property and assets brought into the marriage, protection of family businesses or inherited wealth, arrangements for savings, investments, and pensions, ownership of property and assets jointly owned, and how assets may be divided in the event of separation.
A post-nuptial agreement can cover
- Ownership of property and assets brought into the marriage
- Protection of family businesses or inherited wealth
- Arrangements for savings, investments, and pensions
- Ownership of jointly owned property and assets
- How assets may be divided in the event of separation
Legal Status
Will a Post-Nuptial Agreement Be Upheld by the Court?
Whilst the UK does not see post-nuptial agreements as automatically binding at this stage, as long as certain criteria is met within the agreement, a properly drafted post-nup that is fair is increasingly given significant weight and may be held as binding by the court.
In summary, a post-nuptial agreement must be freely entered into; each party must have a full appreciation of the implications of the agreement; and it must be fair. Each of the above criteria can be fact specific so if you are considering having a post-nuptial agreement, it is vital to obtain legal advice in respect of this and the proposed terms so that you can be satisfied that the interests you seek to protect, have the best possible chance of being protected.
Why consider a post-nup?
- Protecting pre-existing assets or inheritance
- Safeguarding children from previous relationships
- Providing certainty and reducing the risk of costly disputes
- Protecting a family business
- Clarifying financial arrangements following a change in circumstances
Our Support
How We Can Help
Our family law solicitors have extensive experience drafting and advising on post-nuptial agreements. We will ensure that your agreement is properly drafted, that you fully understand its implications, and that it gives your interests the best possible chance of being protected.
If you are considering a post-nuptial agreement or have been asked to sign one, please contact us today to arrange a confidential consultation. Call us on 01273 673 226 or email [email protected].
Our post-nuptial agreement service
- Expert drafting by specialist family law solicitors
- Independent legal advice for both parties
- Clear advice on what the court will consider
- Guidance on making the agreement as robust as possible
- Transparent costs and fee structures