Postnuptial Agreement Solicitors

A postnuptial agreement is a legal contract made between spouses after they are married or in a civil partnership. It sets out how assets, finances and other matters will be handled if the relationship ends, helping to clarify financial rights and responsibilities.

While both agreements cover similar issues, a prenuptial agreement is signed before marriage or partnership, and a postnuptial agreement is created afterwards. Postnups are often used when couples want to formalise financial arrangements after marriage due to changes in circumstances, such as a career change for one partner.

Postnuptial agreements are not automatically legally binding under UK law. However, courts increasingly give weight to them when they are fair, both spouses or civil partners have received legal advice, disclosure has been made, and the agreement was entered into freely and without pressure.

Postnups can cover division of property, protection of business assets, inheritance rights, management of debts, spousal support and maintenance, and allocation of savings or investments. Although they cannot make enforceable arrangements regarding child arrangements and child maintenance, they may include non-binding intentions about children’s financial support.

Both spouses should receive legal advice from separate solicitors to ensure they fully understand the agreement and their rights. This is crucial to increase the chances the agreement will be upheld by the courts.

While it is possible to draft an agreement without legal help, it is strongly recommended to use a solicitor. Proper legal advice ensures the agreement is clear, comprehensive and fair, reducing the risk it will be challenged or disregarded later.

Without a postnuptial agreement, financial matters in the event of separation or divorce will be decided by the court according to statutory law. This may not align with your personal wishes or intentions and can result in lengthy and costly proceedings.

Yes, a postnuptial agreement can be varied or revoked if both parties agree and follow the correct legal process. It’s important to keep the agreement under review to ensure it remains relevant to your circumstances.

The timeframe depends on the complexity of your finances and how quickly you can provide necessary information. Generally, the process can take several weeks to a few months, especially if there are negotiations or amendments to the agreement.

Yes, full and honest disclosure of all assets, liabilities and income is essential. Without this, the agreement may be considered invalid or unfair by the court.

Absolutely. Postnups can specify how business interests should be treated, protecting them from division or sale during divorce proceedings and ensuring continuity.

As with a prenuptial agreement, both parties entered must agree to on a postnuptial agreement voluntarily. If one party refuses, the other cannot impose it. However, legal advice may help explain the benefits and encourage an open discussion.

Costs vary depending on complexity and legal fees. Osbourne Pinner offers fixed-fee options so you can budget with confidence. Contact us for a detailed quote tailored to your needs.