These agreements are similar to pre-nuptial agreements in that they deal with the difficult issue of the division of property and money if a marriage breaks down. The difference is that post-nuptial agreements are made during the marriage rather than before.
Post-nuptial agreements are now considered to be binding in the UK. However, the Court will consider if the post-nuptial agreement is enforceable by considering factors such as the reasonableness and fairness of the agreement, whether the parties understood the terms of the agreement and whether one spouse placed undue pressure on the other.
The agreements have become increasingly popular in England in recent years for a number of reasons such as;
- Couples are marrying later in life and have enjoyed economic independence before marriage, which they do not wish to lose.
- People are increasingly aware of the financial implications of marriage and the way in which their finances become intermingled.
- Couples wish to limit the cost and distress involved in resolving the financial matters should the marriage ever break down.
- Those who live in another country wish to avoid the possibility of their affairs being dealt with under a foreign legal system.
Post-nuptial agreements are often used to protect a valuable company owned by one spouse, or a large inheritance. Sometimes they are used where one spouse is moving to another country and wishes to avoid the possibility of affairs being dealt with under a foreign legal system.
Whatever your situation, our family legal specialists can work with you through all the options. We have extensive experience of negotiating with couples and drawing up a concise, clear, written agreement that accurately reflects your wishes. We work hand-in-hand with our tax planning, wealth management and commercial experts to ensure that we provide you with an integrated service bespoke for your situation.
