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Post-nuptial agreement solicitors

A post-nuptial agreement can be a practical approach to give you both peace of mind

Our family law experts will help you design a post-nup with your partner that provides you with a little more certainty

Call 01572 490 660

Next Steps

Request Free Discovery Call

Please provide your contact information, and we will organise a complimentary, commitment-free discovery call at a time that works best for you.

Post-nuptial agreement solicitors

A post-nuptial agreement can be a practical approach to give you both peace of mind

Our family law experts will help you design a post-nup with your partner that provides you with a little more certainty

Call 01572 490 660

Next Steps

Request Free Discovery Call

Please provide your contact information, and we will organise a complimentary, commitment-free discovery call at a time that works best for you.

What is a post-nuptial agreement?

A sensible decision for your future together


A post-nuptial agreement, also known as a ‘post-nup’, is a legal agreement made between a married couple or civil partners after their wedding or civil partnership ceremony.


Okay, it might not sound romantic, but a post-nup can be a level-headed agreement between parties to a marriage or civil partnership that lays out how your financial matters will be handled during your marriage, as well as in the event of a divorce or separation.


This is a breakdown of what a post-nuptial agreement typically covers:


  • Division of assets - you reach an agreement that outlines how finances and assets, such as property and belongings, would be divided if you and your partner were to separate or divorce in the future
  • Financial obligations - this can specify how your future income, savings and debts would be handled during your marriage and in the event of a separation or divorce
  • In some cases - inheritances, pre-marital debts or spousal maintenance can also be addressed in a post-nuptial agreement to put minds at rest

Note, post-nuptial agreements are not automatically legally binding in the UK. The family court will give weight to your post-nup, however, provided certain conditions with the agreement are met. These conditions include:


  • fair, transparent, and entered into freely by both parties - this means both partners should receive independent legal advice before signing
  • full disclosure of finances - disclosing each partner's financial situation at the time of signing is crucial for the agreement to be upheld in court

It’s important to remember that while post-nuptial agreements are becoming increasingly common, they will not give you a guaranteed solution in court. The court will always take great care to consider the fairness of your post-nup agreement alongside the needs of all parties involved, especially any children, during a divorce settlement.


Consulting a solicitor that specialises in family law is highly recommended before entering into a post-nup because they will guide you through the process, making sure your agreement with your spouse or civil partner is legally sound and protecting your interests. Our team of specialist child and family lawyers can help you draw up a post-nup that suits you and your other half.

Why choose a post-nuptial agreement?

We’ve all heard of pre-nups. Popular with celebrities such as Beyoncé and Jay-Z, they have become synonymous with the more practical side of a couple making it official. This is about a couple thinking with their head as well as their heart as they enter into a union. Post-nups, on the other hand, are less well-known.

As the name suggests, this is an agreement reached with you and your spouse or partner after your marriage, and they have become more popular in recent years for a number of reasons. These include:

  • A change in circumstances - financial situations or family dynamics can alter significantly after marriage, prompting a post-nup to clarify financial arrangements
  • Inheritance protection - with a post-nup, you’re able to safeguard inherited assets for your children from a previous relationship
  • Business ownership - you or your partner might own a business. Here, a post-nup can protect its ownership in case of separation
  • Second marriages - you may have assets from a previous marriage or relationship that you want to retain in the event of a separation or divorce

Call 01572 490 660

or request a discovery call

Post-nups vs Pre-nups: the pros and cons

Both pre-nuptial agreements and post-nuptial agreements aim to clarify your financial arrangements with your partner or spouse in the event of a divorce or separation. They differ in the timing of their creation and there are advantages and disadvantages to both.

Post-nuptial agreements (post-nups)

Pros

  • More flexibility - post-nups can address a change in circumstances after a marriage, such as an inheritance windfall, business ventures or a significant increase in the income of one partner
  • Time for consideration - when you’ve tied the knot, you simply have more time to get a better understanding of each other's financial situations and priorities before entering into an agreement
  • Potentially stronger legal standing - the marriage has already happened, so there is perhaps less concern about any undue pressure to sign. This potentially strengthens your agreement's weight in a court of law

Cons

  • Emotional context - post-nups can be perceived as a sign of marital troubles, potentially causing emotional strain
  • A limit of scope - a post-nup will not protect pre-marital assets such as those addressed in a pre-nuptial agreement
  • Tax implications - the division of assets in a post-nup agreement may be a little more complicated compared to a pre-nup

Pre-nuptial agreements (pre-nups)

Pros

  • Early disclosure - pre-nups encourage full financial disclosure right at the outset of a marriage. This can foster transparency and potentially strengthen the foundations of your relationship
  • Protection of assets - pre-nups can safeguard pre-marital assets, such as inheritances or business ownership, for each spouse or partner if you divorce or separate
  • Managing expectations - a pre-nup sets clear expectations about finances and potential future income from the beginning

Cons

  • Awkward topic - discussing finances and divorce before marriage can feel uncomfortable for some couples, especially when you’re looking forward to the wedding and honeymoon
  • Potential pressure - you or your partner may feel pressured to sign the agreement, especially if there is a big gap in your finances
  • Limited enforceability - while pre-nups are becoming more recognised in the UK, they are certainly not guaranteed to be fully upheld in a family court. Fairness and consideration of all everyone’s needs, especially when children are involved, will always be paramount

Pre-nup or post-nup: Which is best for you?

Your best choice relies, of course, on your individual circumstances. If you have significant pre-marital assets or a thriving business you want to protect, a pre-nup might be ideal. If your financial situation has changed significantly since marriage, or you want to address unexpected circumstances, a post-nup could be suitable.


Our experienced team of family law specialists will talk you through the pros and cons of post-nups and/or pre-nups. Our general advice is that either can be a very sensible way to remove any doubt on things such as finances and assets. As newly-weds, do you want to be planning for the eventuality of a separation or divorce? Perhaps not, but a post-nup can remove potential causes of friction in a relationship, giving you a strong foundation for a long and happy marriage.


Important considerations for post-nups and pre-nups


  • Independent legal advice - seeking independent legal advice for both partners is crucial to ensure the agreement is fair, understood, and enforceable
  • Full disclosure - complete transparency about finances is essential for the agreement's validity in court
  • Review and update - post-nups can be reviewed and updated over time to reflect changing circumstances

Remember, open communication and a commitment to fairness are essential to a successful post-nup or pre-nup.

How can our post-nuptial agreement solicitors help?

Our post-nuptial agreement experts are specialist family law solicitors who have helped a significant number of clients to enter into watertight, legally enforceable post-nups. We will meet with you either at our offices, another location of your choice or online and ensure we understand the matters of importance to you. 


We will address any concerns, identify and flag any matters you may have overlooked and advise on the best way forward. We will prepare a post-nup agreement that accurately records your intentions, addresses all pertinent issues and meets the relevant legal criteria. 


It is our firm policy to provide first-class legal advice in a cost-effective way and we are proud to have received feedback from clients praising our superb insight and professionalism, as well as our open, supportive approach. 


Our experience in post-nuptial agreements and all aspects of family law allows us to approach matters from both a legal and practical standpoint, and we’ll guide you through the process with care and empathy.

James Belderbos

-Belderbos Solicitors-

"While pre-nups are well-known, we’re seeing a greater take-up of post-nups as a valuable agreement for couples already married. They can address financial shifts that occur after marriage as well as give more clarity and security in the face of unforeseen circumstances. At the same time, you often see the process of creating a post-nup sparking important conversations about finances, goals, and expectations, and this open communication can actually strengthen a marriage by fostering trust and understanding."