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If you are looking for help with postnuptial agreements our specialist solicitors can help you. In addition to office meetings, we offer remote meetings by telephone or video if preferred. To discuss your options call us 24/7 on 0208 004 0065 or email us at [email protected]
A postnuptial agreement, also known as a “post-nup”, is a legal document created by spouses after they are married to outline the division of assets and financial arrangements in the event of divorce or civil dissolution. Similar to prenuptial agreements, which are created before marriage, postnuptial agreements are designed to provide clarity and certainty regarding financial matters in the event of relationship breakdown.
Why Consider a Postnuptial Agreement?
There are several reasons couples might opt for a postnuptial agreement, including:
Protection of Inheritance: Ensuring any inherited assets remain protected in the event of a separation.
Clarity on Asset Ownership: Especially relevant for assets like businesses that may have been acquired or grown during the marriage.
Security for Children: Offering clarity and protection for children from the current relationship or previous ones.
Financial Security: Particularly for those who may take time out of work, like stay-at-home parents.
Absence of a Prenuptial Agreement: For couples who did not set up a prenup before marriage.
At southgate solicitors, we offer comprehensive assistance tailored to your needs throughout your postnuptial agreement process. Our team of experienced professionals understand the intricacies of family law and are dedicated to providing you with the expertise and support you need during what can be a daunting and highly emotional time. We have Resolution members and also hold Law Society Family Law Advanced Panel Accreditation which demonstrates our knowledge, skill and expertise in this area of law.
If you wish to read more about this area of law we have some frequently asked questions at the end of this page – feel free to scroll down to read more.
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While not legally binding in England and Wales, postnuptial agreements are highly regarded by courts and can significantly influence the outcome of financial settlements in a divorce.
The key difference is timing. A prenuptial agreement is made before marriage, while a postnuptial agreement is created after a couple has married or entered into a civil union.
Not necessarily, but changes in circumstances (such as the birth of children or significant changes in financial status) after marriage may warrant the consideration of a postnup to update or revise the terms agreed upon in a prenup.
Yes, it’s crucial to have a solicitor draft your postnuptial agreement. Expert legal advice ensures that the agreement is as effective and fair as possible and considers all relevant legal aspects.
For cohabiting couples not in a marriage or civil union, a cohabitation agreement will be more appropriate. It sets out arrangements for assets and children should the relationship end, providing protection and clarity for both parties.
To increase the likelihood of your postnuptial agreement being upheld, ensure it’s drafted by a qualified solicitor, both parties have received independent legal advice, there’s full financial disclosure, and the agreement is fair and reasonable, considering any changes in circumstances
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