Post-Nuptial Agreements
Protecting your interests after marriage
If you are married and wish to clearly define how your financial affairs and assets would be managed in the event of a separation or divorce, a post-nuptial agreement can provide the clarity and reassurance you need.
Our family law team at Descartes Solicitors is here to help — in person, by phone, or online.
What is a Post-Nuptial Agreement?
A post-nuptial agreement is a written document made after marriage. It sets out how you and your spouse wish to arrange matters such as property, money, and family responsibilities should your marriage come to an end.
Couples often choose to enter into a post-nuptial agreement when one partner has substantially greater assets or income than the other, either in the UK or abroad. It can also be helpful if one or both of you wish to protect assets owned before the marriage, such as business interests, family trusts, or inherited wealth.
Some couples enter into an agreement to safeguard children from previous relationships, ensuring that personal assets are preserved for inheritance purposes.
You may wish to consider a post-nuptial agreement at any time after marriage if you want to outline what will happen to your assets, income, and property should you later divorce.
What Can a Post-Nuptial Agreement Cover?
Every post-nuptial agreement is tailored to the couple’s unique circumstances. The main focus will be on family finances and how assets, income, and responsibilities should be managed during the marriage and divided if it ends.
The agreement can set out how property or assets owned before the marriage will be treated, how the family home will be dealt with, and what should happen to gifts or inheritances received during the marriage. It can also address money held in joint or individual accounts, savings and investments accumulated during the marriage, pensions, and any debts or liabilities.
In addition, a post-nuptial agreement can specify arrangements for maintenance payments, the living arrangements of any children, and what should happen to certain assets if one partner passes away during the marriage.
Our family law team will advise you on what provisions are appropriate and ensure that the agreement reflects your intentions clearly and fairly.
Are Post-Nuptial Agreements Legally Binding?
Post-nuptial agreements are not automatically binding in law, but the courts will usually give significant weight to them if they meet certain criteria and have been entered into properly.
When deciding whether to uphold a post-nuptial agreement, the court will consider whether both parties received independent legal advice, whether there was full financial disclosure with documentation, and whether the agreement provides fairly for both parties’ needs. The court will also look at whether the agreement makes suitable provision for any children of the marriage.
It is essential that the agreement has been entered into freely, without pressure or undue influence, and that neither party has misrepresented their financial position. The agreement should also be reviewed following significant life changes, such as the birth of a child or a major shift in financial circumstances.
To be valid, the agreement must follow specific legal requirements and be properly executed. Our family law team will ensure that your document meets all necessary standards.
When Should You Make a Post-Nuptial Agreement?
A post-nuptial agreement can be prepared at any time after marriage. It is important that both parties have sufficient time to exchange financial information and obtain legal advice before signing.
Where foreign assets are involved, additional time may be needed to obtain specialist valuations or advice from international professionals. You should only sign a post-nuptial agreement after you have received clear advice from our family law team to ensure that your interests are fully protected.
Why Choose Descartes Solicitors
Our family law team has extensive experience in drafting, reviewing, and advising on post-nuptial agreements. We take great care to ensure that every aspect of your financial and personal circumstances is considered so that your agreement is comprehensive, clear, and fair.
Our attention to detail, professionalism, and client-focused approach have earned us the trust and satisfaction of many clients who have sought to secure their futures through post-nuptial agreements.
We pride ourselves on delivering reliable, practical advice tailored to your specific needs.
Contact Us
If you would like to discuss a post-nuptial agreement or receive expert advice about your situation, please contact our family law team today.
Descartes Solicitors
First Floor, 152 Chiswick High Road
London W4 1PR
Telephone: 020 8995 3556
Fax: 020 8994 2715