When a party fails to disclose assets in divorce proceedings, the courts are entitled to draw appropriate inferences from the non-disclosure. This was demonstrated in a recent case in which the Family Court described the husband's conduct of the...
A postnuptial agreement is often created when a couple hasn't signed a prenuptial agreement before marriage or a civil partnership. This document outlines how assets will be divided if the relationship ends. Similar to prenuptial agreements (prenups), postnuptial agreements (postnups) provide a level of protection by clarifying ownership of funds, assets, and property.
Postnuptial agreements aren't legally binding but courts consider them alongside factors like relationship duration, financial assets, and contributions by each person. You can create a postnuptial agreement any time after marriage, addressing current circumstances and planning for the future, especially if you have children.
Our expert postnuptial agreement solicitors can draft the document, ensuring legal advice and full financial disclosure for both parties. Our team is experienced in creating various postnuptial agreements, involving complex assets or covering property and inheritance for children.
The team at T G Baynes can provide postnuptial agreement advice, on matters including:
- Negotiating the terms of a postnuptial agreement
- Advice on a postnuptial agreement you have been asked to sign
- Updating a postnuptial agreement
- The application of postnuptial agreements during divorce
Contact our postnuptial agreement solicitors in Orpington, Dartford and Bexleyheath
To speak to one of our solicitors, or to arrange a fixed fee initial consultation to discuss our postnuptial agreement services, please fill in our simple enquiry form or call 020 8301 7777.
Our postnuptial agreement services
Negotiating the terms of a postnuptial agreement
Our postnuptial agreement solicitors can clarify your financial rights and help you reach an agreement with your partner on how your assets will be divided in the event of a divorce.
We prioritise constructive and non-confrontational discussions, aiming to create a fair agreement without harming your relationship.
Advice on a postnuptial agreement you have been asked to sign
Our team of postnuptial agreement solicitors are well-equipped to carefully examine and assess the terms of any postnuptial agreement form that your partner has asked you to sign.
We aim to provide you with a clear understanding of the implications of the agreement and to safeguard your interests. If you are unhappy with any aspects of the agreement, we will advocate for you and negotiate the terms so that they suit both parties.
Updating a postnuptial agreement
If your postnuptial agreement no longer aligns with your present circumstances, our postnuptial agreement solicitors can help negotiate and make any necessary adjustments to the agreement so that it is legally sound and meets both of your needs.
The application of postnuptial agreements during divorce
If you currently have a postnuptial agreement and are contemplating divorce, or if your spouse has initiated divorce proceedings, our solicitors can help determine whether the agreement is likely to be considered by a judge. We can also offer advice on whether there is room to negotiate an alternative settlement, if necessary.
Postnuptial agreement FAQs
What is a postnuptial agreement?
A postnuptial agreement is a legal document created by a married couple after their wedding to outline the division of assets, financial responsibilities, and other matters in the event of a divorce or separation.
Similar to a prenuptial agreement, which is established before marriage, a postnuptial agreement allows couples to clarify their financial expectations and protect their individual interests. Postnuptial agreements can address issues such as property, inheritance, and savings.
In the UK, the courts generally acknowledge postnuptial agreements, but their enforceability depends on various factors, including fairness, transparency, and the financial disclosure provided by both parties.
Seeking legal advice is crucial when drafting a postnuptial agreement to ensure it complies with UK laws and serves its intended purpose.
Is a postnuptial agreement legally binding?
Although a postnuptial agreement isn’t automatically legally binding, they are generally taken into consideration by the courts if certain criteria are met.
Their enforceability hinges on factors like fairness, transparency, and whether both parties had independent legal advice before signing.
The agreement must also be entered into voluntarily, with full financial disclosure from both spouses. If these conditions are met, the courts are more likely to uphold the terms outlined in the postnuptial agreement during divorce proceedings.
However, it's essential to note that family courts can decide to override certain provisions, especially if they are deemed unfair or fail to account for changed circumstances.
Seeking professional legal advice and ensuring compliance with legal requirements are crucial steps to enhance the likelihood of a postnuptial agreement being legally binding.
How long after marriage can you get a postnuptial agreement?
There isn't a set timeframe for creating a postnuptial agreement, you can make one at any point in your marriage.
However, it is advisable to begin the process well before any potential conflicts or separation arise, allowing plenty of time for both parties to understand and negotiate the terms.
Seeking legal guidance when drafting a postnuptial agreement is also advised to guarantee its fairness and legal validity.
How to get a postnuptial agreement?
To start the process of getting a postnuptial agreement, reach out to a specialist postnuptial agreement solicitor. We can guide you on what to include in the agreement and what factors to consider.
It is advisable to discuss the idea with your partner before starting the process, so both parties have a clear understanding of what the agreement will involve.
When creating the agreement, both partners must openly share their financial assets. You will need to decide on how these assets will be divided if a separation occurs, along with other practical matters like who stays in the family home.
If you have children, ensure their financial needs are addressed in the agreement, as the court prioritises children's well-being. This is crucial for the legal validity of the postnuptial agreement.
Once you've agreed on the terms, a solicitor will draft the agreement for you. Both partners should seek independent legal advice before signing to ensure the agreement holds legal weight.
Contact our postnuptial agreement solicitors in Orpington, Dartford and Bexleyheath
To speak to one of our solicitors, or to arrange a fixed fee initial consultation to discuss our postnuptial agreement services, please fill in our simple enquiry form or call 020 8301 7777.