Postnuptial agreements

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.

What is a postnuptial agreement?

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.

Is a postnup legally binding in the UK?

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

Key requirements

Before drawing up and agreeing to a postnup, it is important to bear the following points in mind: 

  • Have you sought independent legal advice to draw up the agreement?
  • Do you fully understand the implications and consequences of the agreement?
  • Are the terms fair?
  • Do you agree to the terms freely?
  • Have you disclosed all assets and liabilities fully and honestly?
  • Does the postnup take into account illness or changes in caring responsibilities (either children or aging relatives)?
We are experts in postnuptial agreements for high-net-worth individuals. Talk to us to find out more.

Who would benefit from a postnuptial agreement?

Couples relocating
to the UK

For those who have moved to the UK, a postnuptial agreement can protect assets in the case of a divorce under English law.

Couples reconciling a relationship

A postnup can provide financial certainty for couples who are reconciling a marriage after separation.

Couples wanting to strengthen a prenup

Where circumstances have changed or where concerns about an existing prenup have been raised, terms can be revisited or amended with a postnuptial agreement.

What are the benefits of 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:

  • Safeguarding significant assets and property
  • Preserving inherited family wealth by ensuring assets remain within the family rather than divided during divorce
  • Specifying how debts acquired during the marriage will be allocated, thereby protecting one spouse from being held responsible for the other’s debts
  • Protecting business assets for business owners by defining the division of business interests
  • Ensuring the wellbeing, financial support, and best interests of any children involved
  • Financial transparency and honesty between spouses and civil partners