A Postnuptial Agreement, also known as a Postnup, is a contract entered into after marriage or a civil union. Like a prenuptial agreement, it provides details on how a couple’s assets, finances, and property will be apportioned in the event of a separation, divorce, or the death of one of the partners.
Postnuptials are signed after marriage, whereas prenuptials are signed before marriage. They may be a valuable way to rework financial arrangements as circumstances evolve, to preserve assets and minimise future conflict.
A postnuptial agreement allows couples to clearly state what is expected of them regarding money in the marriage. It can help:
Quite often, couples find themselves getting into a postnup following a significant occurrence in their lives, such as the birth of a child, an inheritance, a business deal or a rough patch in their relationship to bring sanity and security to both spouses.
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A postnuptial agreement may also encompass many financial and property-related issues and include:
However, similarly to prenuptial agreements, postnups have no power to decide on the arrangement of children and child support payments since such matters are always agreed in the best interests of the child.
Although postnuptial agreements are not binding per se in the UK, the courts increasingly consider and enforce them, particularly following the case of Radmacher v Granatino (2010).
To make a postnup legally binding, it should:
Given such requirements, the court will tend to honour the agreement when deciding on financial settlements in divorce cases.
At First Law Solicitors, we provide professional legal advice in the form of drafting, reviewing and negotiating the terms and conditions of postnuptial agreements that suit your special needs. Our experienced team of family lawyers guarantees that your agreement is concise, equitable and is in line with the prevailing legal requirements.
Our other work is assisting clients in modifying existing agreements or changing prenuptial agreements to postnuptial agreements when a marriage takes place.
First Law Solicitors can help you to save your financial future, make your assets safe, and minimise the risks of conflicts. Our solicitors will assist you in drawing a postnuptial agreement which offers you peace of mind and long-term security for you and your family.
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