What are post-nuptial agreements?
A post-nuptial agreement (postnup) is a legal contract between married partners that sets out how their money, assets, and debts would be divided if they were to separate or divorce. Think of it as a financial safety net - it brings security and peace of mind, ensuring both partners are on the same page about their financial future.
A postnup can be especially useful for couples who:
Didn’t sign a prenuptial agreement (prenup) before getting married but now want similar financial protections.
Have gone through big financial changes, like receiving an inheritance, starting a business, or buying property.
Want to agree on financial terms upfront to avoid lengthy legal disputes if things don’t work out.
How do postnups work in the England and Wales?
A postnup works just like a prenup, except it’s signed after marriage instead of before. It’s a legally binding contract that helps couples define how their finances will be handled in case of divorce or separation. The agreement typically covers:
Who gets what – From property and savings to business assets and investments.
Debt responsibility – Clarifies who is liable for any outstanding debts.
Spousal maintenance – Sets expectations for financial support if the marriage ends.
How long after marriage can you arrange one?
There's no time limit for creating a post-nuptial agreement - couples can put one in place at any stage of their marriage. Some common times to consider a postnup include:
Soon after marriage: If a couple didn’t sign a prenup but wants to put financial protections in place.
After major financial changes: For example, if one spouse receives an inheritance, starts a business, or acquires new assets.
Following a rough patch in the relationship: Some couples use a postnup as a way to rebuild trust and establish financial security while working through difficulties.
Before retirement or estate planning: To help structure inheritance rights and long-term financial arrangements.
💡Did you know? A 2023 YouGov survey found that 42 percent of British people viewed them as a “good idea”, compared to 13 percent who considered them a “bad idea”.
What do post-nuptial agreements cover?
A postnuptial agreement can outline how a couple’s finances, assets, and debts will be handled in the event of a divorce or separation. It provides clear financial guidelines, helping to protect both spouses and prevent future disputes.
Here are some of the key areas a postnup can cover:
Division of property and assets: Specifies how homes, cars, valuables, and other assets will be split if the marriage ends.
Savings and investments: Protects personal and joint savings accounts, stocks, and other financial investments, ensuring they are distributed fairly.
Pension rights and entitlements: Clarifies how pensions and retirement funds will be divided, which can be important for long-term financial security.
Spousal maintenance and financial support: Sets expectations for spousal maintenance (alimony), including how much will be paid and for how long.
Business interests: Helps safeguard business assets by defining ownership rights, ensuring a company remains intact even if the marriage ends.
Responsibility for debts and liabilities: Determines who is responsible for debts (such as loans or credit card balances), preventing one spouse from being unfairly burdened.
What they don’t and can’t cover
While postnups can help clarify financial arrangements, there are certain things they cannot legally enforce:
Child custody and support arrangements – The court decides things like child custody based on the child’s best interests at the time of separation.
Unfair or unreasonable terms – If the terms place one party at a severe disadvantage, they may not be upheld by the court.
Anything promoting divorce – A postnuptial agreement can protect your finances, but it can’t push you toward divorce. If you're unsure about what’s fair or enforceable, speaking to a divorce solicitor can help you make the right call.
Future income or earnings – A postnup cannot guarantee rights to money that has not yet been earned.
Common reasons to get a postnuptial agreement
There are many reasons why a couple might decide to get a postnuptial agreement. Some simply didn’t get around to signing a prenup but still want to sort out their financial arrangements. Others may be facing life changes or new financial circumstances.
1. Protecting an inheritance
If one spouse is expecting a large inheritance, they may want to keep it separate from shared marital assets. While inheritances usually belong to the recipient, things can get complicated if the money is:
Merged into joint accounts
Used for shared expenses like buying a home
Invested into marital assets, such as renovations or a family business
A postnup can clearly state that an inheritance remains with the intended spouse, even if the marriage ends. This can prevent disputes and ensure family wealth stays protected.
2. Dividing business interests
Unlike cash savings or pensions, businesses are harder to value and divide in a divorce. If one or both spouses own a company, a postnup can:
Define ownership – Ensuring the business stays with the original owner.
Balance the financial split – If one spouse gives up their share, they receive a fair portion of other assets instead.
This helps avoid messy and expensive legal battles over business valuation in the future.
3. Handling family gifts and loans
Family contributions—especially for big expenses like house deposits - can cause complications in a divorce. If one spouse’s family has gifted or loaned the couple money, a postnup can protect those contributions. For example, if a spouse’s parents contributed £100,000 toward a house deposit, the postnup could state that this amount goes back to that spouse before assets are divided.
4. Rebuilding a relationship
A postnuptial agreement isn’t always about planning for separation - it can also help strengthen a marriage. For example, if one partner has been unfaithful, they might agree to a more generous financial settlement in a postnup to reassure their spouse that they’re committed to making things work. For some couples, putting clear financial agreements in place helps rebuild trust and move forward with greater confidence.
Pros and cons of postnups
Pros ✅ | Cons ❌ |
|---|---|
Helps avoid financial disputes in divorce proceedings | Not automatically legally binding in the UK |
Provides clarity and protection for personal assets | Requires full financial disclosure from both parties |
Can be tailored to suit both parties’ needs | Can be challenged in court if deemed unfair |
Reduces stress and uncertainty in financial matters |
Some people wonder if a postnuptial agreement is worth the time and money. The short answer? Yes - if done properly. In recent years, UK courts have been more willing to uphold postnups, as long as they are fair, well-prepared, and don’t heavily favour one side, or run contrary to the Matrimonial Causes Act.
