A sensible decision for your future together
A post-nuptial agreement, also known as a ‘post-nup’, is a legal agreement made between a married couple or civil partners after their wedding or civil partnership ceremony.
Okay, it might not sound romantic, but a post-nup can be a level-headed agreement between parties to a marriage or civil partnership that lays out how your financial matters will be handled during your marriage, as well as in the event of a divorce or separation.
This is a breakdown of what a post-nuptial agreement typically covers:
- Division of assets - you reach an agreement that outlines how finances and assets, such as property and belongings, would be divided if you and your partner were to separate or divorce in the future
- Financial obligations - this can specify how your future income, savings and debts would be handled during your marriage and in the event of a separation or divorce
- In some cases - inheritances, pre-marital debts or spousal maintenance can also be addressed in a post-nuptial agreement to put minds at rest
Note, post-nuptial agreements are not automatically legally binding in the UK. The family court will give weight to your post-nup, however, provided certain conditions with the agreement are met. These conditions include:
- fair, transparent, and entered into freely by both parties - this means both partners should receive independent legal advice before signing
- full disclosure of finances - disclosing each partner's financial situation at the time of signing is crucial for the agreement to be upheld in court
It’s important to remember that while post-nuptial agreements are becoming increasingly common, they will not give you a guaranteed solution in court. The court will always take great care to consider the fairness of your post-nup agreement alongside the needs of all parties involved, especially any children, during a divorce settlement.
Consulting a solicitor that specialises in family law is highly recommended before entering into a post-nup because they will guide you through the process, making sure your agreement with your spouse or civil partner is legally sound and protecting your interests. Our team of specialist child and family lawyers can help you draw up a post-nup that suits you and your other half.
We’ve all heard of pre-nups. Popular with celebrities such as Beyoncé and Jay-Z, they have become synonymous with the more practical side of a couple making it official. This is about a couple thinking with their head as well as their heart as they enter into a union. Post-nups, on the other hand, are less well-known.
As the name suggests, this is an agreement reached with you and your spouse or partner after your marriage, and they have become more popular in recent years for a number of reasons. These include: