When you’re looking for reliable legal advice on post-nuptial agreements in the UK, our family law experts are here to help. Please contact our specialists by calling freephone 0800 916 9055 or use our online form to get in touch.
Slater and Gordon Lawyers has experienced, highly trained solicitors based in all parts of the UK who specialise in personal and family law. These experts have extensive experience in marriage, divorce, pre-nuptial and post-nuptial agreements.
Most people have heard of a pre-nuptial agreement (or pre-nup) and a post-nuptial agreement is quite similar. The main difference is the time at which the agreement is drawn up. Unlike a pre-nup, which is signed before a marriage, a post-nuptial agreement is made after a couple get married. Couples in civil partnerships can enter into similar arrangements called post-partnership agreements.
Post-nups are relatively uncommon in the UK, but their popularity is growing.
While these agreements are enforceable in many countries, they aren’t currently legally binding in the UK. This means they can’t be used to limit or oust the jurisdiction of the divorce court. However, since the 2010 case of Radmacher v Granatino and a report published by the Law Commission in 2014, courts are likely to give considerable weight to post-nups (and pre-nups) as long as the relevant safeguards have been put in place.
There are a number of reasons why people might want to enter into post-nuptial agreements with their spouses. For example, a couple who married before deciding to make a pre-nuptial agreement may find it to be a useful way to clarify what’ll happen to their assets in the event of separation. People who’ve been married before or who’ve children from previous relationships may also decide it’s important to enter into post-nuptial agreements.
Signing a post-nup may not seem to be the most romantic step to take, but it can give couples reassurance that their property and finances will be divided according to their wishes should their relationship break down. Having one of these arrangements in place can also help to prevent the confusion and animosity that’s often associated with divorce cases.
This kind of agreement needs to be very thorough and detailed. Generally speaking, it should include information about:
Alongside the details of your shared property and finances, you should include a clear plan for what’ll happen if you separate from your partner. Should the relationship come to an end, the post-nup will be a vital document to help divide assets fairly, pay outstanding debts and agree on any maintenance payments.
In some cases, it’s not necessary to cover everything you own in a post-nuptial agreement. Couples can set these documents up to cover just one shared asset such as a valuable property or family-owned business.
Getting the right information together, ensuring it’s accurate and making sure your post-nup is fair, correctly formatted and worded can be a daunting task, which is why it pays to have the experts on your side. Slater and Gordon solicitors have vast experience in all kinds of pre-nuptial and post-nuptial agreements and are perfectly placed to help you.
In order to help ensure a court gives effect to your post-nuptial agreement if your marriage breaks down, there are certain conditions that have to be met:
You should also be aware that the courts recommend post-nuptial agreements are reviewed regularly. This is especially important if your circumstances change, for example if you start a family or become significantly wealthier.
As well as being one of the largest law firms in the UK, with offices in many major cities and towns across the country, Slater and Gordon Lawyers is an industry leader when it comes to family law.
Many of our solicitors are members of Resolution, which advocates a non-confrontational approach to the practice of family law. The organisation, which represents divorce lawyers in England and Wales, is also in favour of legally binding post-nuptial and similar agreements as a way to give couples more certainty about how to divide assets in the event of separation.
Slater and Gordon Lawyers is proud to provide a professional, helpful service which always puts our clients first. We aim to make the process of drawing up your agreement as smooth, timely and stress-free as possible. We’ll represent your interests, negotiate and communicate on your behalf and handle every detail of the paperwork.
For legal advice and a service you can rely on, please contact us online or give our family law solicitors a call on freephone 0800 916 9055, available 24 hours a day, 7 days a week. We’ll be happy to answer any questions you may have.