Post Nuptial Agreements

What is a postnup?

Prenuptial agreements are only to be made before marriage, but it is possible to make a postnuptial agreement if both parties are willing to.

A postnuptial agreement is very similar to a prenuptial agreement in that it has the same intention behind it. The main difference is that it is made after the marriage has happened. In many instances, the circumstances change over time regarding how wealth and assets may evolve over the years. With a postnuptial agreement, you can redistribute assets more fairly and ensure neither party must worry about the future of your finances.

The Supreme Court has recently suggested that subject to certain requirements being met, pre and postnuptial agreements act as a binding force between parties unless the terms within it and distribution of assets would be unfair to uphold. Postnuptial agreements will be securely upheld by the Courts as long as they are deemed fair and do not affect the requirements of the children of the marriage.

A postnuptial agreement is between two parties who are in a marriage or civil partnership. This does not necessarily mean that they are experiencing a dispute; they may simply decide to look into organising their financial relationship together in the event of the relationship breaking down.

 

Some reasons behind getting a postnuptial agreement include but are not limited to:

• Missing the initial opportunity to obtain a prenuptial agreement at the start of the marriage or civil partnership.
• If you want to protect your assets or wealth.
• To minimise the risk of unpredictable outcomes in the instance of having a potential dispute in court if the relationship breaks down.
• To meet the requirements of family trusts, trustees, or relatives.
• You may already have a prenuptial agreement but want to ensure you are secure across all platforms.

How can the solicitors at Rose & Rose help you avoid unnecessary conflict?

We ensure that the discussions between the two parties involved in a postnuptial agreement are honest and open and ensure that agreements are reality checked. Our team of specialists can help you find the most appropriate route regarding negotiation on a postnuptial agreement.

You may also need a family consultant to manage the emotional challenges of negotiating these agreements to make sure that you end the process in a happy, long-lasting relationship with a strong and honest foundation.

Please contact a member of our team below, or email  info@roselegal.co.uk to arrange an initial consultation to discuss the best way forward for you, and we will provide you with further and specific advice tailored to your circumstances.