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Post-Nuptial Agreements

 

A Post-Nuptial agreement is a formal written agreement between two spouses which is entered into after their marriage.

Our family team have significant experience in preparing and advising on Post-Nuptial agreements.

The purpose of a Post-Nuptial agreement is to record who owns what and then how those assets will be divided between them if the marriage breaks down. Whilst they are not currently legally binding in England and Wales if properly prepared the court will generally uphold them in the event of a divorce.

Taking advice early on help can help put your mind at ease as you will be able to ask any questions that you may have and feel better informed about the process. We offer a free 15 minute consultation and then a meeting can be arranged in any of our London, Camberley or Wokingham offices.

Here you will find some useful information on Post-Nuptial Agreements including the Law Commission report on relationship agreements.

Post-nuptial Agreement Process

No one goes into a marriage anticipating that it will end, but if divorce becomes a reality, most if not all couples want the ‘breakdown’ process to be as amicable as possible way with minimal uncertainty and worry over financial matters. Post-Nuptial Agreements are a way for you to have peace of mind that you should not be facing any unexpected financial consequences on the breakdown of your marriage.

More and more people are now entering into these agreements, and it may surprise you to know that it is not just celebrities or heirs and heiresses of family fortunes who are looking to protect their wealth in this way.

At an initial meeting we will explain the law in relation to Post-nuptial Agreements, and their advantages and disadvantages so you can make an informed decision about whether an agreement may be right for you and your spouse.

Is a Post- Nuptial Agreement legally binding?

The short answer is no. however, provided you have both had advice on it, you both disclosed your financial circumstances before signing it, it is fair in the circumstances, you are agreeing to it voluntarily and with an understanding of its terms, and no one has been placed under any pressure to sign it, generally the courts will uphold the terms of the agreement of one person tries to challenge it on divorce.

Is a Post- Nuptial Agreement legally binding?

The short answer is no. however, provided you have both had advice on it, you both disclosed your financial circumstances before signing it, it is fair in the circumstances, you are agreeing to it voluntarily and with an understanding of its terms, and no one has been placed under any pressure to sign it, generally the courts will uphold the terms of the agreement of one person tries to challenge it on divorce.

Who gets a Post-Nuptial Agreement?

One of the more common situations when we are asked to advise on Post-Nuptial agreements is when a couple break-up and they then reconcile. In these circumstances, it offers some form of protection if ultimately the reconciliation does not stick. For some couples it can also form a part of a reconciliation process to help save a marriage.

Those couples who have a Pre-Nuptial Agreement may also choose to subsequently get a Post- Nuptial Agreement to strengthen the chance of the agreement being upheld on challenge.

What goes into a Post-Nuptial Agreement?

Post-Nuptial Agreements can be very bespoke and deal with whatever you want them to, but mainly they will deal with what financial arrangements you agree should be made in the event of a divorce. This could be:

  • What would happen to property each of you had before the marriage
  • What would happen to the family home, should it be sold or kept.
  • What would happen to any property you acquired together during the marriage
  • What would happen to any inheritances or gifts you recieved
  • What would happen to your pensions
  • How you would deal with any debts
  • Whether either of you would pay or receive any maintenance and, if so, for how long

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