Call us on

search-toggle Contact Us
close search
 
Close menu
Post Nuptial Agreements

Post Nuptial Agreements

Legal Advice on Making a Post Nuptial Agreement

A post-nuptial agreement is a written contract agreed between spouses which usually makes provision for matters relating to children, maintenance and division of property in the event of a marriage breakdown.

In terms of its content, it is similar to a pre-nuptial agreement, although a post-nuptial agreement is entered into during a marriage rather than prior to it.

Post nuptial agreements are increasing in popularity and are particularly useful when there is a change in circumstances in the family. They can also be useful if there was not an opportunity or time to draw up a prenuptial agreement before marriage.

For a post nuptial agreement to hold any weight should it be needed in the future, both you and your spouse are both required to have sought independent legal advice from a solicitor. Farleys have a specialist team experienced in dealing with post-nuptial agreements who will always act in your best interests keeping in mind your needs and wishes at all times.

FAQs

What is the legal status of a post nuptial agreement?

Post Nuptial agreements are taken into consideration by the court provided the following conditions are met:

Both parties have entered into the agreement freely;
Each party has given full financial disclosure;
Each party has sought independent legal advice.
If these conditions are met the starting point should be that the agreement is adhered to. The court does, however, have a discretion to disregard or vary the agreement if it is considered to be manifestly unfair given the contributions made by either party, or if there has been a significant change in circumstances since the agreement was executed.

What is included in a post nuptial agreement?

It is common for post nuptial agreements to include provision for:

- Individual liabilities for rent or mortgage payment in respect of the matrimonial home,
- How to distribute the proceeds of selling the property.
- How any joint assets will be divided
- How to deal with joint bank accounts or debts incurred during the course of marriage.
- Living and maintenance arrangements for children

Contact a Solicitor to Draft a Post Nuptial Agreement

For more information or to obtain legal advice on a post-nuptial agreement call 01254606008 or submit an enquiry online.

Related Articles

Pre-nups and Post-nups – What’s the Difference?

Statistics for 2017 in England and Wales show that 42% of marriages ended in divorce.  Divorce is a traumatic process. Pre-nuptial and/or P...

Read More
Angharad Bentley Partner

Pre-nuptial Agreements - I Love You …But I Love My Money More?

So often that is the first thought that comes to mind when someone mentions a pre-nuptial agreement. Any thought of romance is dead and itâ€...

Read More
Antonia Love Partner

Why Should We Get a Pre-Nuptial Agreement?

Well that is a very good question. Sadly many marriages do end in divorce and separation. Traditionally the Courts would not recognise a pre...

Read More
Ian Brunt Partner
join our newsletter

Join our mailing list to keep up to date
with our news and events

Sign Up