Our lives, relationships and financial circumstances are forever changing. For the most part, that change is a step forward through positive growth, at other times it may be a misstep or a stumble into the unknown. A postnuptial agreement, therefore, provides stability and certainty in an ever-evolving world.
A postnuptial agreement – also known as a postnup – is made between those who are married or in a civil partnership. Similarly to a prenuptial agreement, a postnup clearly outlines financial and asset arrangements between a couple in the event of a divorce or dissolution of the civil partnership.
A postnup is a legal contract but to be enforced in the event of a divorce it must be fair. This means the court can decide to depart from the terms of the agreement in certain circumstances.
As experts in marital and divorce law, we specialise in supporting spouses and civil partners to draw up effective postnuptial agreements and provide valuable advice to ensure your postnup is upheld in court.
We also recommend regularly reviewing and updating existing postnuptial agreements to reflect changes in circumstances. If an agreement is no longer fair or relevant due to significant changes, it is less likely that the court will uphold it in the event of divorce.
Before drawing up and agreeing to a postnup, it is important to bear the following points in mind:
For those who have moved to the UK, a postnuptial agreement can protect assets in the case of a divorce under English law.
A postnup can provide financial certainty for couples who are reconciling a marriage after separation.
Where circumstances have changed or where concerns about an existing prenup have been raised, terms can be revisited or amended with a postnuptial agreement.
The primary benefit of a postnuptial agreement is peace of mind by outlining what will happen to your assets and those of your spouse if the marriage ends. This can help to significantly reduce conflict and stress during an emotionally demanding time.
Other key benefits include:
