Postnuptial Agreement Solicitors
Postnuptial agreements are contracts entered into after marriage, outlining the division of assets, financial responsibilities, and other key matters in the event of divorce or separation.
In the UK, postnuptial agreements give couples a framework to address finances and property during marriage and in the event of marital breakdown. While historically less common than prenuptial agreements, postnups are increasingly recognised and upheld by UK courts, offering couples a degree of certainty and protection in uncertain times.
At Lawhive, our team of expert family lawyers is here to support with drafting, reviewing, and negotiating postnuptial agreements.
Schedule a call with our Legal Assessment Specialists today to discuss your post-nup needs in more detail and get a free, no-obligation fixed fee quote for the services of a specialist lawyer.
Common reasons for creating a postnuptial agreement
Creating a postnuptial agreement does not mean a marriage or civil partnership is in difficulty or that partners don’t trust each other. Rather, couples tend to do so because they want clarity and peace of mind for the future. For example, they may want to:
Clarify their financial responsibilities and rights within the marriage, including how assets will be divided in case of divorce or separation.
Protect certain assets acquired during the marriage, like inheritances or business interests.
Reflect changes in financial circumstances, like an increase in wealth.
Lots of couples see a postnuptial agreement as an opportunity to strengthen their relationship by openly discussing financial matters and realistically planning for the future together.
How do postnuptial agreements differ from prenuptial agreements?
Postnups are arranged after couples are married or entered into a civil partnership. On the other hand, prenups are agreed upon before the marriage takes place.
However, they both serve the same purpose: to provide clarity and certainty on financial matters in marriage and minimise conflicts in the event of divorce or separation.
Who can enter into a postnuptial agreement?
Married couples and civil partners can enter into post-nuptial agreements to outline the division of assets, financial responsibilities, and other key matters. The only conditions that must be met for a post-nuptial agreement to be considered enforceable are:
Both parties must provide full and honest disclosure of their financial circumstances
Both parties must agree voluntarily without coercion or undue influence.
Both parties seek independent advice from separate solicitors before agreeing.
Terms must be fair and reasonable to both parties.
Agreements must be in writing and signed by both parties.
They should include provisions for review and revision in the event of significant changes in circumstances.
What can be included in a postnuptial agreement?
The specific terms of a postnup can vary depending on the couple. However, it can generally cover a wide range of things including:
How assets acquired during the marriage will be divided in the event of divorce or separation, including property, investments, and savings.
Each spouse’s financial responsibilities during the marriage, like how household expenses will be shared, debts managed, and whether spousal support will be provided in the event of divorce.
Inheritance rights and how inheritance assets will be treated in divorce or separation.
How business interests will be managed and divided in divorce or separation
Financial issues related to children, like child maintenance payments and education expenses.
How pensions, retirement accounts, and other retirement benefits will be divided on divorce or separation.
How debts and liabilities incurred during the marriage will be divided and managed, including mortgages, loans, and credit card debt.
What are the benefits of post-nuptial agreements?
Postnuptial agreements provide clarity, protection, and peace of mind to married couples, particularly around finances.
Asset protection
Postnups can help protect assets acquired during the marriage by outlining how they will be divided in the event of divorce or separation. This can make sure that each spouse’s interests are safeguarded.
Clarity of financial responsibilities
Postnuptial agreements are clear on each spouse’s financial responsibilities during the marriage, including how household expenses will be shared and how debts will be marriage.
Given that many couples fall out over money, clarifying this on paper can prevent these misunderstandings and conflicts sooner rather than later.
Minimising disagreements in divorce
Postnups say how assets and financial responsibilities will be split following separation or divorce. This is an important benefit as one of the most expensive, contentious, and time-consuming areas of divorce is sorting out finances.
Having a postnup in place means that these conversations happen before the separation rather than after it where one or both party's judgment may be clouded by emotion or they are looking to seek their pound of flesh. This can lead to a smoother, more amicable solution that sees couples reach a fair financial settlement without racking up significant costs.
Protection for children from previous relationships
Postnups can include provisions for protecting assets intended for children from previous relationships or ensuring that children's inheritance rights are preserved in the event of divorce or separation. This can provide peace of mind for parents and ensure that children's financial interests are safeguarded.
This is an important one because often individuals don’t give a lot of thought to how children will inherit when they die or how a divorce may affect potential inheritance, especially if they are entering into a second marriage.
Do I need a solicitor for a postnup?
You can create a postnuptial agreement yourself, but it’s a good idea to involve a family lawyer as they can help you understand your rights and obligations, and make sure the agreement reflects your intentions.
Every couple’s circumstances are unique, so postnup templates you find online might not reflect your objectives or financial situation.
Are postnuptial agreements legally binding?
The enforceability of postnups depends on whether both parties provided full and honest disclosure of their financial circumstances and entered into the agreement voluntarily without coercion.
Further, the terms of the agreement must be fair and reasonable. In assessing this, the court will look at each party’s financial circumstances, the length of the marriage, and the needs of any children involved.
Therefore, it is strongly recommended that both parties seek independent legal advice from separate solicitors before entering into a postnuptial agreement to make sure they understand their rights and obligations and can make informed decisions.
Is there a time limit for entering into a postnuptial agreement?
There is no strict time limit for postnups. Generally, it’s a good idea to do so as early as possible in the marriage, but there is no legal requirement to do so within a specific timeframe.
What is important is the timing of the postnup. Creating one during a rocky patch or just before a significant life event could leave the agreement vulnerable to questions about its enforceability in the future.
Ultimately, however, the decision on when to create a postnuptial agreement is down to you and your partner.
Can a postnuptial agreement be revoked?
Any modifications or revocations of a post-nuptial agreement must be made with the mutual agreement of both parties. Further, just like the original agreement, modifications or revocations should be made in writing and signed by both parties.
It’s also advisable that both partners get their own independent legal advice on the changes to be made beforehand signing an amended agreement.
Get expert legal help with postnuptial agreements
Postnups, while less widespread than prenups, can safeguard your future financial interests and provide clarity between couples.
At Lawhive, our network of expert family lawyers is here to guide you through the process of drafting your post-nuptial agreements quickly and affordably.
Why Lawhive?
Our experienced solicitors specialise in family law and have the knowledge and expertise to make sure that your rights are protected and your interests are safeguarded.
We understand that every couple's situation is unique, so your solicitor will work closely with you to address your concerns and provide practical solutions that meet your needs.
At Lawhive, we believe that access to quality legal advice should be affordable for everyone. That's why we offer transparent, fixed-fee services, so you know exactly what to expect without any hidden costs or surprises.
Schedule a consultation
Ready to take the next step in securing your financial future?
Schedule a call with our Legal Assessment Specialists today to discuss your postnuptial agreement needs in more detail.
Our team is here to provide you with a free, no-obligation fixed fee quote for the services of a specialist lawyer, giving you peace of mind and clarity every step of the way.