Most people understand the basics of prenuptial agreements – formal contracts entered into before marriage, enabling each partner to protect their wealth, their assets and their financial future. By contrast, comparatively few are aware of the existence of post-nuptial agreements.
As the name suggests, post-nuptial agreements provide couples with the opportunity to protect their wealth and assets in a similar way, after their marriage or civil partnership has taken place. Exactly the same as a prenuptial agreement, post-nuptial agreements are entered into to formalise the agreement reached between the partners regarding how their finances and assets will be divided, in the event that they choose to separate.
In some instances, a post-nuptial agreement is taken out alongside a prenuptial agreement, in order to confirm or amend the agreement reached before the couple married. More often than not, however, post-nuptial agreements are taken out independently and can be applied for at any time following a marriage or civil partnership.
If you’d like to discuss the purpose or the potential benefits of post-nuptial agreements in more detail, contact a member of the team at Aristone Solicitors anytime.
Are Post-Nuptial Agreements Legally Binding?
While post-nuptial agreements are not officially legally binding in the United Kingdom, they nonetheless carry significant weight in the courts. Generally speaking, if the document is free of errors and considered fair, it will be upheld and its terms enforced. Nevertheless, both partners have the legal right to contest a post-nuptial agreement during the separation process – in full or in part.
This is why it is of the utmost importance to ensure that your post-nuptial agreement is properly prepared and as fair as possible. It must be clear that both partners have entered into the agreement of their own free will, without pressure from the other party and with complete knowledge of its content and implications. Both partners are therefore expected to have sought independent legal advice, prior to signing a post-nuptial agreement of any kind.
The law regarding financial matters can be particularly complex, which is why we strongly recommend seeking expert support at the least possible stage. Both regarding your decision to enter into a post-nuptial agreement and with respect to the content of the document, we can help you make the right decision for yourself, your partner and your family.
Book your obligation-free consultation with Artistone Solicitors today to discuss the benefits and implications of post-nuptial agreements in more detail.
What Can Be Included in a Post-Nuptial Agreement?
Post-nuptial agreements are extremely flexible and can include almost any agreements you and your partner come to. Nevertheless, most post-nuptial agreements centre on major issues regarding wealth and assets, which may include the following:
- Who takes ownership of your property or properties
- What happens to your debts (individual or joint)
- Who takes ownership of your joint assets
- How your collective wealth/savings would be divided
- What happens to the assets each partner brought into the marriage
- Whether either partner should receive future maintenance
Please be aware that in cases where children are involved, the courts will always rule in favour of the outcome deemed most appropriate for the child’s welfare and wellbeing. This is therefore something that must be taken into account when entering into a post-nuptial agreement of any kind.
Backed by more than 25 years’ experience, our skilled legal team can provide the objective and impartial support you need to safeguard your financial future. Call anytime to book your obligation-free consultation with Aristone Solicitors.