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Why would you need a postnuptial agreement?

Couples might choose to draw up a postnuptial agreement for many reasons. These might include:

  • Wanting to protect an inheritance
  • To gain clarity on ownership of certain assets, including businesses
  • To provide clarity and protection when children are involved
  • To gain financial security in the event of taking time out of work, such as forstay-at-home parents
  • Failure to draw up a prenuptial agreement

What does a postnuptial agreement include?

Postnuptial agreements are tailored to the couple, so they can include many aspects depending on your needs. Agreements are usually centred around finances and often incorporate factors such as:

  • Assets and debts (and how any outstanding debts will be paid for)
  • Income (including any expected gifts and/or inheritance)
  • Any future income or gains (including property)
  • A list of personally and jointly owned belongings
  • How much maintenance will be paid to your ex-partner in the event of a divorce/separation
  • How any property will be divided (such as second homes)
  • Any insurance coverage, including life, medical and disability

This list is not exhaustive, so if there is something else you would like to discuss and include, our postnuptial agreement solicitors can help. Call our expert team today on 0330 191 4877 or request a callback.

Call our expert team today

Are there any situations in which a postnuptial agreement is not recommended?

Because postnuptial agreements are not legally binding, it is important to remember that an agreement can be overruled by the court if it is deemed to be unfair to one member of the party in the event of divorce.

It is also imperative that each party receives expert legal advice to be able to make an informed decision about the details of the agreement and is not put under pressure to draw up a document they disagree with.

A couple’s circumstances can change and it is a good idea to revisit a postnuptial agreement regularly to make sure it reflects the current situation. Factors that could alter an agreement include having children, receiving a large inheritance or acquiring additional assets.

How can a postnuptial agreement solicitor help?

A specialist postnuptial agreement lawyer can help by offering legal advice tailored to your circumstances. They can advise you on particular aspects of an agreement based on what could become an issue during a future separation.

Postnuptial agreement solicitors can draw up an agreement to suit you that can provide a degree of protection should you separate.

While pre and post-nups are not automatically binding in England & Wales, they are heavily persuasive and will likely be upheld by the court where needs are met, accurate disclosure and both parties have had legal advice.

Why choose Stowe Family Law for your postnuptial agreement?

  • Our postnuptial agreement solicitorsare dedicated to providing the highest standard of service and will always communicate with you in language that you understand, without the complex legal jargon.
  • As the only national law firm fully dedicated to family matters, you can trust our expert team to offer professional advice so you can make a fully informed decision about your postnuptial agreement.
  • We are proud to be rated ‘Excellent’ on Trustpilot. Take a look at our reviews to see what our previous clients have said about our service.
  • We are fully authorised and regulated by the Solicitors Regulation Authority (SRA) and feature in The Legal 500
  • We have been shortlisted for national awards including the British Family Law Awards. We have also been ranked by Best Companies as the seventh best law firm to work for in the UK.
  • Our support section features a range of helpful guides, focusing on family law areas such as children, cohabitation and separation.

Postnuptial agreement FAQs

Postnuptial agreement FAQs

  • Is a postnuptial agreement legally binding?

    Postnuptial agreements in England and Wales are not legally binding but they are taken into consideration by the court in the event of a separation. It can be upheld by the court if the postnup is considered fair and neither party was pressured into it.

    The rules differ in Scotland, where postnuptial agreements can be legally binding depending on the conditions.

  • What is the difference between a prenuptial agreement and a postnuptial agreement?

    A prenuptial agreement is drafted before a couple marries or enters into a civil union. It is more common than a postnuptial agreement, which is drafted for couples who are already married or in a civil union.

    Postnups can be useful if there are any major changes in a couple’s financial situation, such as significant additional assets, inheritance or children, or if a couple did not get a prenup.

  • Do I need a postnup if I have a prenuptial agreement?

    If a couple has a prenup, a postnuptial agreement is not usually necessary unless financial circumstances change dramatically. If either party receives an inheritance or acquires any significant assets, it is wise to revisit any previous agreement.

  • Do I need a postnuptial agreement solicitor?

    A postnuptial agreement solicitor can offer professional legal advice and ensure both parties have a thorough understanding of what they are entering into. An expert lawyer can also make the postnup fair for both individuals, meaning it is more likely to be upheld by a court in the event of a separation.

    Our postnuptial agreement solicitors offer a friendly, tailored approach and strive to make the process as smooth as possible.

  • Is there an alternative to postnuptial agreements?

    A cohabitation agreement might be suitable for couples who are not married or in a civil union but are living together. It can help protect financial assets and set out arrangements for children should the relationship break down.

    A cohabitation agreement can be especially useful if one person has contributed more to a property or if there are unequal assets.

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Matthew is a Senior Associate and was noted in the Legal 500 for being ‘excellent’ and thinking ‘through cases very carefully to make very sound tactical decisions.’ His specialism is resolving financial issues following a divorce or separation and he frequently advises clients on cohabitation issues. He is based at our Liverpool office.

Date last reviewed: 05/06/2024


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