Post-Nuptial Agreements

Many people have heard of pre-nuptial agreements which are agreements entered into by a couple prior to their marriage setting out how they would wish for their assets to be divided in the event of a later separation or divorce.  However, it is also possible to enter into such agreements after a marriage and these are known as post-nuptial agreements.

A post-nuptial agreement will set out the financial resources available to the parties and how they are to be divided if the marriage breaks down.  On divorce, a court would consider them in the same way as they would consider a pre-nuptial agreement, such agreement being only one of the factors to be taken into account but with the expectation that the agreement will be upheld by a court provided that certain criteria are met. 

When would a post-nuptial agreement be appropriate?

• If you have not had the opportunity to prepare a pre-nuptial agreement in advance of your wedding but still wish to regulate how your finances are divided if you later divorce;
• If there has been a change in your circumstances.  For example, if one of you is due to receive an inheritance or family gift, a post-nuptial agreement can be a sensible manner in which to protect family wealth for future generations;
• If you have entered a marriage contract or pre-nuptial agreement in another country or jurisdiction and wish to ensure that the terms of such agreement would also be upheld in England & Wales.

Our specialist team is able to provide guidance and advice in relation to post-nuptial agreements, whether in terms of drafting or reviewing agreements. As a team widely reputed for its collaborative approach to family law work, we are able to assist in discussions surrounding post-nuptial agreements with sensitivity.