A Postnuptial Agreement records the agreement reached between a husband and wife, or between civil partners, over how their assets will be divided if they separate or divorce.
A Postnuptial Agreement is similar to a Prenuptial Agreement but it is signed after your marriage or civil partnership, rather than before it.
Our specialist Family Law Solicitors have many years of experience in drafting Prenuptial and Postnuptial Agreements to meet family circumstances. We provide a bespoke Agreement that is tailored to your needs.
Initial Telephone Discussion
There are many reasons why a happily married couple may choose to sign a Postnuptial Agreement, including:
- A family member wants to make lifetime gifts to one spouse and to ringfence the gifts to ensure that they do not form part of a divorce financial settlement.
- A family member plans to leave a substantial inheritance to one spouse but wants to keep the inherited family money ‘within the family’ and protected from divorce.
- One spouse is a shareholder in a family business and another family member wants to transfer additional shares to them as part of the family member’s estate planning strategy.
- A spouse is starting a new business and the other shareholders are all signing Prenuptial or Postnuptial Agreements to ensure that the business is ringfenced from involvement in any divorce proceedings.
- A spouse is reviewing their Will or Lasting Power of Attorney and thinks it would be sensible to sign a Postnuptial Agreement as well. A Postnuptial Agreement may be particularly appropriate where it is not your first marriage and their are children from earlier relationships.
- Whilst a couple do not think that they will ever get divorced, they do not want a Court to decide how their assets should be divided because of the expense and stress involved. They would rather sign a Postnuptial Agreement whilst things are amicable and they can reach a fair agreement.
A Postnuptial Agreement can help:
- Define expectations if there is a future separation or divorce.
- Give peace of mind to the couple and to children from previous relationships.
- Offer a degree of financial certainty.
- Simplify any future divorce proceedings so you can secure an agreed and binding Financial Court Order embodying the terms of your Postnuptial Agreement
A Family Law Solicitor can talk to you about the benefits of a Postnuptial Agreement and help you decide what should be included in your Agreement.
Whilst a Postnuptial Agreement is not legally binding in English Law it will carry weight in any subsequent divorce financial settlement proceedings. Significant weight should be attached to it if the following conditions are met:
- Both parties have taken independent legal advice.
- Both parties want to sign the Agreement and there is no undue influence.
- Both parties have disclosed their financial circumstances and the extent of their assets.
- The terms of the Postnuptial Agreement are fair and meet both spouses’ needs.
Using our expert knowledge and experience, our Family Law Solicitors can guide you about how to best ensure that the terms of the Postnuptial Agreement are considered fair in any subsequent divorce proceedings.
We will ensure your Postnuptial Agreement is bespoke to your circumstances and deals with what will happen to your family property and wealth in the event of a divorce.
If you want to change the terms of your Prenuptial or your Postnuptial Agreement our specialist Solicitors can review your Agreement for you to make sure the Agreement meets your needs.
Where possible we will offer a fixed fee, so you will know what the costs are from the start. For more complex or uncertain projects, we will provide you with an estimate of the likely fees involved and keep you updated throughout the matter.
How to get in contact
Our Family Law Solicitors are on hand to provide expert advice and assist you wherever you are based. Please call us for a no-obligation, initial discussion on 01256 460830 or email [email protected].
Our offices are based in Basingstoke and we assist clients across the country.
We aim to keep legal jargon to a minimum and guide you through the process in a manner that is easy to understand.
Our highly-skilled solicitors offer tailored, strategic solutions to even the most complex matters, ensuring you receive the guidance and support you need.
We will be by your side throughout every stage of the process and will provide you with regular updates and advice along the way.
We communicate thoroughly with you from the outset to ensure that we fully understand your individual needs. This allows us to accurately quote for your matter leaving you without any unexpected surprises and fees further down the line.
We provide our clients with a concise and transparent breakdown of costs from the outset of the matter and throughout any subsequent stages. This enables you to build faith and trust in us early on to form a lasting relationship.
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