FAMILY & RELATIONSHIP LAW

Post-Nuptial Agreements

Family and Relationships > Post-nuptial Agreements

Postnuptial Agreement Solicitors

Marriage has many legal consequences that you should know about before your big day. Many people have heard of Pre-nuptial Agreements in the UK but don’t know what a Post-nuptial Agreement is.

Simply put a Pre-Nup is an agreement entered into before marriage or civil partnership and a Post-Nup after marriage or civil partnership.

Either way they are both forms of agreement to set out how your assets would be divided in the event of a divorce or dissolution of a civil partnership. Our experienced team of Family and Relationship Law Solicitors can guide you on creating a Post-Nup and how it might be useful in your circumstances.

Post-Nuptial Agreements must be tailored to your specific situation and events that are likely to happen to you. Ensuring that a Post-Nup is reasonable and wouldn’t be deemed fair could lead to it being invalid in the event of a divorce is crucial. Our team of experts can help you avoid this situation.

What post-nuptial agreement related services do we provide?

Our expert Family and Relationship Law Solicitors can draft a bespoke Post-Nuptial Agreement for your situation that will be effective as possible should you need it in the future.

Pre-nuptial Agreements FAQs

What is a Post-nuptial Agreement?

A Post-nuptial Agreement is an arrangement between two people who are in a relationship (marriage or civil partnership) which states how assets belonging to the parties before the formalisation of the union, as well as any gains that are made during that union are to be divided should the relationship come to an end.

What is the difference between a Post-nuptial Agreement and Pre-nuptial Agreement?

Post-nuptial and Pre-nuptial Agreements are very similar in function as they aim to set out the ultimate division of assets in the event of a split. The difference is the timing of when they are signed. A Post-nuptial Agreement is essential after the couple are married or go into a civil partnership whereas a Pre-nuptial Agreement is created before the marriage or civil partnership.

What can be included in a post-nuptial agreement?

A post-nuptial agreement can cover various issues, such as how assets would be divided, whether maintenance payments would be made, and how debts would be allocated.

When should a couple consider a post-nuptial agreement?

A couple may consider a post-nuptial agreement if they have acquired significant assets during their marriage, or if they want to protect assets that they brought into the marriage.

Can a post-nuptial agreement be modified?

Yes, a post-nuptial agreement can be modified if both parties agree to the changes. However, any modifications should be made with the assistance of a solicitor.

Do both parties need to be represented by a solicitor when signing a post-nuptial agreement?

No, both parties do not need to be represented by a solicitor when signing a post-nuptial agreement. However, it is advisable to seek legal advice to ensure that the agreement is fair and reasonable.

Can a post-nuptial agreement be challenged in court?

Yes, a post-nuptial agreement can be challenged in court if one party believes that it is unfair or was signed under duress.

How much does a post-nuptial agreement cost?

The cost of a post-nuptial agreement can vary depending on its complexity and the amount of legal advice required. However, it is important to note that a post-nuptial agreement can be a significant investment in protecting a couple’s assets.

Is a post-nuptial agreement right for everyone?

No, a post-nuptial agreement is not right for everyone. It is a personal decision that should be made with the advice of a qualified solicitor.

Can a post-nuptial agreement be used to avoid paying maintenance?

No, a post-nuptial agreement cannot be used to avoid paying maintenance. A court will always consider the best interests of any children involved in a divorce and may order maintenance payments regardless of the terms of the agreement.

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