Post-Nuptial Agreements

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.

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.

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.

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