While postnuptial agreements are relatively rare, if your marriage would benefit from clarity about future financial and property arrangements, our experienced postnuptial agreement lawyers are here to help.
A postnuptial agreement is a contract entered into after marriage which sets out an agreed settlement of property and financial assets in the event of a divorce. It works in a very similar way to a prenuptial agreement, the only difference being the point at which the contract is signed.
Why should I consider a postnuptial agreement?
People, circumstances and relationships are all prone to change over time and the understanding you had when you first married, or even the distribution of your wealth and assets, may have evolved over the years.
For example, one of you may now run a successful business, while the other has stayed at home to look after the children. Unless you have jointly acquired finances, this might leave one partner fearful of what the future holds, perhaps after the children have left home.
A postnuptial agreement can be a way of providing reassurance by redistributing assets more fairly, and by ensuring that neither of you need worry about your financial future.
How can I ensure that my postnuptial agreement is valid?
Strictly speaking, postnuptial agreements (like prenuptial agreements) are not legally binding in the UK. However, the courts do not dismiss such agreements lightly, and if it can be shown that the agreement was entered into fairly, it is highly likely that the courts will adhere to what has been agreed.
To determine whether are agreement is fair – and therefore valid – a judge will consider whether:
Both parties entered the agreement voluntarily and with a full understanding of its implications
The terms of the agreement are fair for both parties
Both parties fully disclosed assets and liabilities
Neither party was unduly pressured into the agreement
For anyone needing help with family issues I could not recommend Slater and Gordon highly enough. I always had the feeling I had the best looking after my interests and they certainly didn't disappoint.
C I (family and personal matters case)
Matters were dealt with efficiently with a view to keeping costs to a realistic level and I am well satisfied with the final settlement she managed to achieve on my behalf.
J B (family and personal matters case)
The best solicitors to fight your corner! I struggled with a nasty unmarried couple dispute alone for over a year before biting the bullet and paying for proper legal support. I had one previous experience with a cheaper less well known solicitor and I just felt completely let down and not a priority. But with S&G - from start to finish, I felt supported 100% and valued.
B L (family and personal matters case)
Why choose Slater and Gordon’s postnuptial agreement lawyers?
While discussing what should happen if your marriage ends may not seem like the most pleasant conversation, or even one you believe to be necessary, having an honest and fair conversation about expectations can make things much easier and less confrontational if the worst should happen.
Our expert postnuptial agreement lawyers have worked with many couples and are here to support you and your partner in securing the best possible solution for your family. Led by our head of family practice, Georgina Chase, our family law team has received recognition and numerous accolades from the legal industry. Georgina herself is ranked in the independent legal directory Chambers and Partners, and many of our team are recognised in the Legal 500.
We are proud members of Resolution, an organisation of family justice professionals committed to promoting a constructive approach to family issues and have office nationwide so we’re able to bring our expertise to your doorstep.
We are an award winning law firm and have a dedicated team of family solicitors to advise and guide you – no matter how complex your situation may be.
Affordability and advice
We offer affordable, expert legal advice on divorce and child arrangements. Book a consultation for clear guidance and next steps. Our assessment helps you understand your situation and make informed decisions. Consultation charged at £150 for 45 minutes.
Tailored advice
We understand that family situations differ – so we are able to provide tailored advice and guidance to suit your individual needs.
Local access
We are a national law firm, with legal experts available locally across the UK. Meetings can be arranged via telephone or video call, to suit your requirements.
Frequently asked questions about postnuptial agreements
What’s the difference between a prenuptial and a postnuptial agreement?
Both a prenuptial and postnuptial agreement set out what will happen in terms of financial and property assets in the event of a divorce.
The only difference between the two contracts is when the agreement is signed; a prenuptial agreement must be agreed at least 28 days before your wedding takes place, while a postnuptial agreement can be entered into at any time after the wedding.
Is a postnuptial agreement legally binding?
Currently, postnuptial agreements are not strictly legally binding in the UK, though the courts are highly unlikely to disregard an agreement where it is deemed to have been transparent and fair.
It is therefore crucial that you speak to a specialist postnuptial agreement lawyer when drafting your contract to ensure that all relevant information has been disclosed to each side and that the agreement is entered into willingly and with a full understanding of its terms. Speak to our team today to learn more on 0330 041 5869 or get in touch online.
How long after marriage can you get a postnuptial agreement?
There is no specific timeframe in which you must sign a postnuptial agreement. As this is entered into after a marriage, it can be done at any point after the wedding or civil partnership.
For anyone needing help with family issues I could not recommend Slater and Gordon highly enough. I always had the feeling I had the best looking after my interests and they certainly didn't disappoint. C I (family and personal matters case)
Matters were dealt with efficiently with a view to keeping costs to a realistic level and I am well satisfied with the final settlement she managed to achieve on my behalf. J B (family and personal matters case)
The best solicitors to fight your corner! I struggled with a nasty unmarried couple dispute alone for over a year before biting the bullet and paying for proper legal support. I had one previous experience with a cheaper less well known solicitor and I just felt completely let down and not a priority. But with S&G - from start to finish, I felt supported 100% and valued. B L (family and personal matters case)