Pre-nuptial and post-nuptial agreements Pre-nuptial and post-nuptial agreements

Postnuptial agreements in England and Wales

The run up to any wedding is exceptionally busy, with so many things to think about that you may not have had time to put a prenuptial agreement into place in sufficient time before the wedding or at all.

Alternatively, circumstances after marriage might change new information may come to light or you may make discoveries which could potentially jeopardise the future of your relationship and marriage or perhaps you discover a significant potential inheritance or other windfall..

In these circumstances, a postnuptial agreement will give you piece of mind.

Many couples do not realise that it is possible to enter into an agreement after they have married or entered into a civil partnership. Postnuptial or postmarital agreements are often used when parties wish to confirm and/or amend a premarital agreement to reflect a change in their circumstances and/or after a passage of time.

A postnuptial agreement is also an effective way to document intentions for earnings and assets during the marriage as well as protecting your assets in divorce.

What are the reasons for a postnuptial agreement?

Couples may wish to enter into a postnuptial agreement for a variety of reasons such as:

  • Receiving an inheritance during the marriage
  • The birth of a child
  • The start-up of a new company/business venture
  • To simply record beneficial interests in the assets already owned

Photo of Claire Wood

Claire
Wood

Legal Director

Rayden Solicitors

We can provide straightforward advice that will help you to identify whether a prenuptial agreement or a postnuptial agreement is appropriate for you and what terms should be included in that agreement.

Rayden Solicitors is committed to equality and diversity and in doing so supports and advises all members of our community.

If you prefer the peace of mind that a prenuptial provides, take a look at our prenuptial page.

Postnuptial Agreement FAQs

What is a postnuptial agreement?

Postnuptial agreements are usually entered into for the same reasons as prenuptial agreements – primarily for the protection of wealth and to achieve certainty. They are entered into post marriage. Postnuptial agreements allow for changes in circumstances in the years following a marriage, for example previously unforeseen inheritance or a career change.

Are postnuptial agreements legally binding?

Provided that the document is drafted properly then it is extremely difficult to challenge a postnuptial agreement. Pre and postnuptial agreements are not strictly enforceable, but if certain criteria are met a court is very likely to uphold the document. At Rayden Solicitors we can offer advice on whether a prenuptial agreement or postnuptial agreement is more suitable and will ensure that the document is drafted appropriately to meet all the necessary requirements.

What should be included in a postnuptial agreement?

A postnuptial agreement should include a detailed breakdown of finances such as assets and debts, current income and any expected income. It should also include how these will be divided in the event of a divorce and what maintenance payments will need to be made where appropriate.

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