A post-nuptial agreement is a legal document, prepared by a qualified solicitor, which sets out who owns what and records how your assets, property, finances and pensions would be divided if your relationship were to end.
It can also address how you manage your finances during the marriage, for example, how household costs are shared or what happens if one of you stops working to care for children.
A postnuptial agreement is very similar to a prenuptial agreement, but it is entered into after you are already married or in a civil partnership, rather than before.
You can obtain a postnuptial agreement at any point during your marriage. Whether you have been married for six months or twenty years, it is something you can put in place whenever the time feels right.
Are postnuptial agreements legal and binding in the UK?
Yes, postnuptial agreements are entirely legal in England and Wales. There is nothing to prevent a married couple or civil partners from entering into one, and they are increasingly common.
Being legal and being legally binding, however, are two different things.
A postnuptial agreement is not automatically binding on the Family Court in the way a financial consent order is. This means the Court is not obliged to enforce its terms word for word if your relationship were to end.
However, the court will give a properly prepared post-nuptial agreement significant weight when deciding how to divide your assets. Since the landmark Supreme Court decision in Radmacher v Granatino in 2010, the Court has treated nuptial agreements as decisive in most cases, provided certain conditions have been met.
The Law Commission has recommended that qualifying nuptial agreements should become fully binding in England and Wales. This has not yet become law, but it reflects the direction the legal system is moving in.
For your postnuptial agreement to carry the strongest possible weight and be binding in court, it is important that:
- Both parties entered into the agreement voluntarily and without duress.
- Both parties received independent legal advice from their own solicitor.
- There was full and honest financial disclosure of all assets, income and liabilities from both sides.
- Both parties understood the terms and implications of the agreement.
- The terms of the agreement are fair and take into account the well-established principles of sharing and needs that the Court applies.
Put simply, how binding your postnuptial agreement is depends almost entirely on how many of the above conditions have been met and how carefully it has been prepared.
This is exactly why instructing experienced postnuptial agreement solicitors matters. Our family law team will ensure that the correct process is followed so that your agreement has the best possible chance of being upheld if it is ever challenged in court.
How is a postnuptial agreement different from a prenuptial agreement?
The main difference is simply timing. A prenuptial agreement is signed before the wedding, whereas a postnuptial agreement is signed after a marriage.
However, there are some important practical differences worth understanding. With a prenuptial agreement, there can sometimes be concerns that one party felt under duress or undue pressure to sign because the wedding was approaching.
With a postnuptial agreement, this pressure is removed as you are already married, and there is no looming deadline.
This means the Family Court may actually view a postnuptial agreement more favourably, as it is harder to argue that either party was pressured into signing.
Since the landmark Supreme Court decision in Radmacher v Granatino in 2010, the Court has given decisive weight to a properly prepared nuptial agreement. Because postnuptial agreements are free from the time pressure of a wedding date, they can, in practice, be more difficult to challenge.
A postnuptial agreement can also be used to update, reaffirm or strengthen an existing prenuptial agreement. Sometimes clients come to us because they are concerned about the strength of a prenup signed at the last minute, or simply want to confirm that the terms of their original agreement still reflect their intentions.
A postnuptial agreement allows you to do this.
Why might we need a postnuptial agreement?
There are many reasons why couples choose to put a postnuptial agreement in place during their marriage. These might include:
- You didn’t get around to arranging a prenuptial agreement before the wedding and want to put something in place now.
- You have received an inheritance or financial gift from your family and want to ensure it is protected.
- One of you has started a business or acquired new assets during the marriage.
- You have had children, and one of you has stopped working or reduced your hours, and you want to ensure financial security for that person.
- You are relocating and want to have clarity about your financial arrangements under English and Welsh law.
- You have an existing prenuptial agreement that you feel needs updating or strengthening.
- You have been through a difficult patch in your relationship and want to move forward with financial clarity and peace of mind.
- You want to protect assets for children from a previous relationship.
Whatever the reason, a postnuptial agreement is about having honest, constructive conversations and putting arrangements in place that work for both of you.
Our family law solicitors at Awdry Law offer a nationwide prenuptial agreement service and are here to assist you if you have decided to obtain a postnuptial agreement after marriage.
What can a postnuptial agreement include?
A postnuptial agreement is tailored to your particular circumstances, but it will typically address:
- How your property and any other properties you own would be divided.
- How savings, investments and other financial assets would be shared.
- How pensions would be treated — this is often one of the most valuable assets within a marriage and should not be overlooked.
- Who is responsible for any debts.
- How income and day-to-day finances are managed during the marriage.
- What maintenance arrangements would be in place if the relationship were to end.
- Arrangements to protect assets for children from a previous relationship.
- How any future inheritance, trust funds or financial gifts would be treated.
It is important that the agreement is comprehensive and reflects the full financial picture. Our experienced Family Law team will ensure that nothing is overlooked.
