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While most people are familiar with the idea of a pre-nuptial agreement, post-nuptial agreements are less well-known, but equally as effective as a means of protecting yourself financially against any future breakdown in your marriage.
The advantage of a post-nuptial agreement or ‘post-nup’ is that it can be made at any time after you get married, while a pre-nup can only be made before your wedding.
Like a pre-nup, a post-nup lets you set out how pre-marriage assets, property and inherited assets will be dealt with in the event of divorce. It can also cover arrangements for children, providing even more certainty for the future.
A post-nuptial agreement can be created if you did not have a pre-nuptial agreement or there has been a significant change in your financial or personal circumstances, so any pre-nup you have no longer fits your needs.
Before making a post-nup, it is important that both you and your spouse get independent expert legal advice. This is a requirement if you later want to rely on the agreement during divorce proceedings, as well as being simple good sense as you need to make sure any agreement you enter is fair and matched your long-term best interests if you wish the court to approve its terms in a financial order.
At Hubbard Pegman & Whitney, our team of specialist family solicitors regularly assist couples from a wide range of backgrounds with negotiating and drafting post-nuptial agreements. We can make the process of getting a fair agreement in place simpler and less stressful, allowing you to carry on with your married life with a sense of real security.
For further advice and information about post-nuptial agreements from our family law solicitors in Hammersmith, London, please contact us.
How our post-nuptial agreement solicitors in Hammersmith can help you
Every member of our family law team is a dedicated specialist with decades??? of experience helping people across Hammersmith and East London??? with all their personal legal needs, including advice on post-nuptial agreements and pre-nuptial agreements.
We put your needs at the heart of everything we do, with the goal of getting you the outcome you are looking for as efficiently and cost-effectively as possible. When it comes to creating post-nups, we can make sure no detail is overlooked and all of your questions and concerns are covered.
Amongst our highly skilled family team we have Primrose Hudson, a Family Consultant Solicitor with over 30 years in family law, including extensive experience with pre-nuptial agreements and post-nuptial agreements. Primrose Hudson works closely with Thanuja Oppilamany.
Common questions about post-nuptial agreements
When should I make a post-nuptial agreement?
There are two main situations where you may want to make a post-nuptial agreement:
- Where you did not make a pre-nuptial agreement and now want to protect yourself against the possible breakdown of your marriage.
- Where you have a pre-nup, but feel it no longer matches your needs and/or circumstances.
Common circumstances that prompt people to consider a post-nup include where:
- You have had children since getting married
- You have inherited or otherwise acquired significant new assets since getting married
- Your spouse has been unfaithful or the marriage is falling apart for other reasons and you want assurances over what would happen if your marriage ends
How is a post-nuptial agreement different to a pre-nuptial agreement?
Post-nuptial agreements offer the same protections as pre-nuptial agreements and are essentially the same, except that they can be made any time after your wedding, while a pre-nup can only be made before you get married (usually a minimum of three weeks before the wedding date).
As with a pre-nuptial agreement, a post-nuptial agreement allows you to:
- Document who owns what, including the family home, cars, savings, investments, pensions, pets, and personal belongings such as furniture
- Define what property is “community property” and may be divided between the spouses upon divorce
- Assign debt
- Set out arrangements and decisions about children
Post-nups also have the same restrictions as pre-nups, so, for example, you cannot use a post-nup to agree not to pay child maintenance in the future and the agreement cannot be manifestly unfair (e.g. leave one party in financial difficulties).
Is a post-nuptial agreement legally enforceable?
Like pre-nuptial agreements, post-nuptial agreements are not automatically legally binding. However, a court will typically uphold your agreement upon divorce if:
- Both parties received independent legal advice
- Both parties consented to the agreement
- Both parties fully understood the effect and implications of the agreement at the time it was signed
- The agreement is fair on both parties
- The agreement makes proper provision for any children you have
Do I need a solicitor for a post-nuptial agreement?
It is a requirement that both you and your spouse have independent legal advice before signing a post-nuptial agreement if it is to be upheld upon divorce. We strongly recommend consulting a family solicitor with specific experience dealing with post-nuptial agreements before signing to make sure no important details are missed and that your best interests and those of any children you have are protected.
Contact our Post-nuptial agreement solicitors in Hammersmith, London
For further advice and information about post-nuptial agreements from our family law solicitors in Hammersmith, London, please complete our simple contact form.