The only difference between a prenuptial and a postnuptial agreement (postnup) is that a prenup occurs before the marriage and a postnup afterwards.
Otherwise, they are similar, offering a certain level of protection by setting out the ownership of belongings (money, assets and property) and what will happen to them in the event of a breakdown of the marriage.
However, it is important to note that in England and Wales, they are not legally binding and will be considered by a court as one factor to consider along with others including, the length of the marriage, the financial assets and then contribution made by each person.
A postnup can be made at any point in a marriage and can be used to address the situation at that time and make provision for the future – for example, if you have children.
As with a prenup, it is important to get an expert family lawyer to draft the agreement and ensure that you both have legal advice and full financial disclosure when deciding the terms.
Our team will advise you on this and are experienced in drafting a wide range of postnups, from multi-million agreements with complicated assets to smaller agreements covering property and inheritance for children.