Postnuptial agreements in the UK
What is a postnuptial agreement, and why do you need one?
A postnuptial agreement, also known as a postnup, outlines financial and asset arrangements between a couple in the event of a divorce or the dissolution of a civil partnership. While it is similar to a prenup, a prenup is signed before marriage, while a postnup allows couples to agree financial terms after they are married.
A postnup doesn’t signal the end of a relationship. It provides both partners with clarity, transparency, and assurance about their future should life take unexpected turns.
Is a postnup legally binding in the UK?
For a postnup to be enforced in the event of a divorce, it must be fair. Here at Hamblin Family Law, we specialise in supporting spouses and civil partners to draw up effective postnups and provide valuable advice to ensure this agreement is upheld in court.
We also recommend regularly reviewing and updating existing postnups to reflect any changes in your 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 a relationship breakdown.
How to ensure your postnup is legally binding?
- Seek independent legal advice to draw up the agreement.
- Make sure you fully understand the implications and consequences of the agreement. At Hamblin Family Law, we will make sure you have all the knowledge you need when drawing up a postnup.
- Ensure the terms are fair and that both parties agree to the terms freely.
- Both partners must disclose all their assets and liabilities in full.
- The postnup should take into account illness or changes in caring responsibilities, either for children or ageing relatives.
What are the benefits of a postnup?
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 postnup?
- Peace of mind
- Safeguarding family assets
- Protecting business interests
- Ensuring fair debt allocation
- Providing financial transparency
- Preserving inherited family wealth
- Ensuring the well-being, financial support, and best interests of any children involved.
FAQs
- Couples relocating to the UK
- Couples reconciling a relationship
- Couple wanting to strengthen an existing prenup
- You or your spouse experience significant financial changes, such as receiving an inheritance or acquiring substantial assets.
- One of you starts or grows a business and wants to protect business interests.
- Your financial responsibilities change, such as one partner leaving work to care for children.
- You are relocating to the UK and want to protect your assets under English law.
- You and your spouse are reconciling after a separation and want financial clarity moving forward.
- You already have a prenup but want to revise or strengthen its terms.
We advise that you review and update a postnup whenever there is a significant change in financial circumstances, such as:
- One spouse acquiring a large inheritance or asset.
- Major changes in income or employment.
- The birth of children or new caregiving responsibilities.
- Moving to a different country with different marital laws.
The first step is to contact a family law solicitor. Our team at Hamblin Family Law can guide you through the process. We will ensure fairness and support you in creating a legally sound contract that meets your needs and protects your family. Contact us today to find out more.
