What Are Postnuptial Agreements?

Interested in postnuptial agreements and how they work? If you’re considering getting a postnuptial agreement in the UK, then it’s important that you understand both the pros and cons of this type of arrangement.

While it may seem strange to have a conversation about your assets in the event that your marriage or civil union fails right after you’ve said ‘I do’, these discussions can provide more certainty for both parties and reduce future conflict.

What is a postnuptial agreement?

Similar to a prenuptial agreement, a postnuptial agreement (also known more casually as a ‘post marriage agreement’ or ‘postnup’) is a type of written agreement that’s created after a couple has married or entered a civil union. This postnuptial contract outlines what will happen to their assets in the event of a separation or divorce.

Are postnuptial agreements worth it?

Postnuptial agreements may be worth looking into if you have substantial assets or an estate that you want to protect in the case of a divorce or separation. They can also provide both parties with more certainty and peace of mind, encouraging a more trusting and happy relationship.

What are the disadvantages of a postnuptial agreement?

Not strictly legally binding

While postnuptial agreements can hold some weight in court if the terms of the contract are deemed fair, they’re not strictly legally binding. This means courts in the UK and Wales don’t have to uphold the agreement in the event that the couple divorces or ends their civil union.

Comes with legal costs

To increase the weight of your postnuptial agreement in court, you should consider receiving independent legal advice beforehand. An experienced solicitor should provide advice to both individuals in the marriage or civil union, which comes at a cost.

Similarly, you will also have to pay for legal fees if you want a solicitor to draft and review your postnuptial agreement. At Freeman Jones Solicitors, we provide these services for a transparent and fixed-free price, so you always know what to expect.

What are the advantages of a postnuptial agreement?

Offers a degree of certainty

Making postnuptial arrangements can offer both parties a degree of certainty and peace of mind surrounding what’s likely to happen to their assets following a divorce or separation.

Allows for changes in circumstances

Another potential advantage of postnuptial agreements is that they offer flexibility following changes in circumstances, such as the birth of a child. However, any changes you want to make to the postnuptial contract may also complicate the situation, leading to more legal fees to cover this additional solicitor’s advice.

Saves you money in the long-run

While the creation of a postnuptial agreement does come with legal fees, it could save you money and reduce conflict in the event that your marriage dissolves. This is because both parties have already agreed what should happen to their assets, meaning divorce proceedings shouldn’t be long or costly.

Is a postnup as good as a prenup?

Prenups and postnups are very similar – both can be valid and enforceable in UK courts in the event of a divorce or separation. However, prenuptial agreements are often favoured because they’re created before the couple combines their assets.

However, if it’s too late for a prenup, then a postnup agreement may be your only option. In short, having a postnuptial agreement is better than having no agreement at all.

Is it too late for a postnuptial agreement?

Put simply, it’s never too late to get a postnuptial agreement – as long as you’re still married or in a civil union. Not to mention, you can also make changes to your postnuptial agreement at any time during your marriage, as long as both parties agree, and you receive legal advice before making any modifications.

Are postnuptial agreements legal in the UK?

In England and Wales, postnuptial agreements aren’t strictly binding in the event of a later divorce or civil union separation. However, the terms of the postnuptial contract can be considered and enforced by courts if they believe the agreement is fair and both parties have entered freely into the contract.

How to get a postnuptial agreement in the UK

Obtaining a postnuptial UK agreement should always start with receiving expert legal advice and guidance. Both parties should receive independent legal advice to support the creation of a fair contract, increasing the chances of it being upheld by UK courts.

Following a consultation and mutual agreement from both parties regarding the terms of the contract, an experienced postnuptial contract solicitor, like Freeman Jones Solicitors, can help you to draft and review the agreement.

Receive expert postnuptial support at Freeman Jones Solicitors

Considering a postnuptial agreement now you’re married? At Freeman Jones Solicitors, our team has provided expert advice for current and former couples across the UK, helping them to resolve their divorce and family law issues with ease.

We can help with everything from drafting your postnuptial agreement to simply offering some guidance. We’re also committed to providing our legal services for a fixed fee, so you’ll never feel blindsided by a big bill.

Regardless of whether you want to find out more about postnuptial arrangements or our services, please feel free to get in touch with our team of experienced solicitors today.

You can reach out by either giving us a call on 01244 506 444, emailing us at info@fjsolicitors.co.uk, or using our convenient online contact form.