Postnuptial Agreement Solicitors in London
Our postnuptial agreement solicitors in High Holborn and Upton Park draft and review postnups for couples across London and the UK.
What Is a Postnuptial Agreement?
A postnuptial agreement (“postnup”) is a contract between spouses or civil partners, made at any point after the wedding or civil partnership, setting out how their finances would be divided if the relationship ends. It works in much the same way as a prenuptial agreement. The difference is timing: a prenup is signed before the wedding, a postnup after it.
Couples in England and Wales usually consider a postnuptial agreement when:
- Circumstances have changed since the wedding. For example, one of you has started a business, received an inheritance or given up work to raise children.
- One of you has much greater wealth or income, in the UK or overseas.
- You want to ring-fence assets you owned before the marriage, such as property, savings, business shares or family trusts.
- One or both of you has children from a previous relationship and wants to protect assets for them.
- You didn’t sign a prenup before the wedding and now want the same certainty.
- You’re reconciling after a difficult period and want to agree on financial terms before moving forward.
Are Postnuptial Agreements Legally Binding in the UK?
Postnuptial agreements are not automatically legally binding in England and Wales, but courts will usually uphold one that was freely entered into, with full disclosure and independent legal advice, unless it would be unfair to do so.
If a marriage ends, the court still has the final say on financial settlements under section 25 of the Matrimonial Causes Act 1973. Section 25 requires judges to weigh factors such as each person’s income, resources, needs, age, contributions and the length of the marriage. A postnup can’t remove that discretion. What it can do is carry decisive weight.
Two cases shape the current position:
- MacLeod v MacLeod [2008] UKPC 64: the Privy Council confirmed that a postnuptial agreement is a valid contract that a court can take into account when dividing assets.
- Radmacher v Granatino [2010] UKSC 42: the Supreme Court held that a court should give effect to a nuptial agreement freely entered into by each party with a full appreciation of its implications, unless it would not be fair to hold them to it. The Ministry of Justice’s A fairer end to relationships consultation document summarises this test as current law.
In practice, a well-drafted postnup that meets the safeguards below is likely to strongly influence, and often decide, the outcome if you separate.
How to make a postnup legally binding when you divorce
Once you are divorcing, the way to make a financial agreement legally binding is to turn its terms into a consent order approved by the court. According to GOV.UK, a consent order can cover property, savings, pensions and maintenance. You can apply after the conditional order and before the final order, and the court fee is currently £62. A clear postnup makes this stage faster, cheaper and less contentious.
Law Reform Update: Qualifying Nuptial Agreements (2026)
The government is considering making prenuptial and postnuptial agreements legally binding, through “qualifying nuptial agreements”, if strict safeguards are met.
On 5 June 2026, the Ministry of Justice published the consultation A fairer end to relationships. It closed on 14 August 2026 and the government is now analysing the responses. The proposal builds on the Law Commission’s 2014 report Matrimonial Property, Needs and Agreements (Law Com No 343), which recommended enforceable nuptial agreements and a draft Bill.
Under the proposals, a qualifying nuptial agreement would need to:
- be a valid contract, free from undue influence or misrepresentation
- be made by deed, with a signed statement that both parties understand it limits the court’s discretion
- not be made within 28 days before the wedding or civil partnership
- follow material financial disclosure from each party
- follow independent legal advice for each party, which cannot be waived
Couples could not use such an agreement to contract out of meeting each other’s financial needs or their children’s needs.
This is a proposal, not yet law. If you sign a postnup now, it is assessed under the current Radmacher test. We draft agreements to meet the proposed safeguards as well, so your agreement is as robust as possible whichever way the law changes.
What Makes a Postnuptial Agreement More Likely to Be Upheld?
A court is most likely to uphold a postnup when both parties signed it freely, with independent legal advice and full financial disclosure, and when its terms still meet both parties’ needs. We draft every agreement around these safeguards:
| Safeguard | Why it matters |
|---|---|
| Independent legal advice | Each spouse has their own solicitor, so neither can later claim they didn’t understand the agreement |
| Full financial disclosure | Both parties exchange details of assets, income, debts and pensions, with supporting documents |
| No pressure or misrepresentation | The court looks at all the circumstances, including pressure from the other spouse or family |
| Fairness and needs | The agreement must leave both parties able to meet their reasonable needs when it is relied on, not only when it is signed |
| Provision for children | It should explain how any children of the family will be provided for |
| Review clause | Reviewing the agreement after a birth, illness, job loss or major change in assets keeps it fair over time |
| Correct execution | Signing the agreement as a deed and witnessing it properly helps prove its validity |
What Can a Postnuptial Agreement Cover?
A postnuptial agreement can set out how you would divide:
- property and assets either of you owned before the marriage
- the family home and any other jointly purchased property
- inheritances, gifts and family wealth received during the marriage
- business interests and company shares
- savings, investments and joint bank accounts
- income earned during the marriage
- pensions
- debts and liabilities
- personal belongings
- spousal maintenance
What Can't a Postnuptial Agreement Cover?
A postnup can’t decide arrangements for children or override the court’s duty to ensure children are provided for.
- Child arrangements: where children live and how much time they spend with each parent are decided by their welfare at the time of separation. See our child contact and residence page.
- Child maintenance: neither parent can sign away a child’s right to financial support.
- Clauses that encourage divorce: terms designed to reward ending the marriage are unlikely to be upheld.
- Anything manifestly unfair: for example, terms that would leave one spouse unable to meet their basic needs.
- What happens on death: a postnup deals with separation, not death. To decide who inherits, you also need an up-to-date will.
Postnuptial vs Prenuptial Agreement: What's the Difference?
The main difference is timing. A prenuptial agreement is signed before the wedding, and a postnuptial agreement is signed after it. The courts assess both using broadly the same tests.
| Prenuptial agreement | Postnuptial agreement | |
|---|---|---|
| When it is signed | Before the wedding or civil partnership | At any time after the wedding or civil partnership |
| Deadline | Good practice is to sign at least 28 days before the wedding | No deadline |
| Legal test | Radmacher: freely entered, fully understood, fair | Same test |
| Best for | Couples planning ahead | Couples whose circumstances have changed, or who missed the prenup window |
Not married or in a civil partnership? A cohabitation agreement gives unmarried couples similar protection.
How Much Does a Postnuptial Agreement Cost?
The cost of a postnuptial agreement depends on how complex your finances are and how much negotiation is needed between both solicitors. A straightforward agreement with simple, well-documented assets costs less than one involving a business, overseas property, trusts or pensions. Each spouse also pays for their own independent legal advice.
We offer fixed-fee quotes wherever possible, so you know the total cost upfront. Ask us for a tailored quote at your free consultation.
How Our Postnuptial Agreement Solicitors Work With You
- Free initial consultation: we discuss your circumstances, your goals and what the agreement should protect.
- Financial disclosure: both of you gather and exchange details of your assets, income, debts and pensions.
- Drafting: we prepare a clear, tailored agreement and explain each clause.
- Negotiation: we work with your spouse’s independent solicitor to agree the final terms.
- Signing: the agreement is signed as a deed and properly witnessed.
- Review: we recommend reviewing it after major life events, such as having children or a significant change in wealth.
When should you start? Allow enough time for disclosure and independent advice. Overseas assets may need specialist valuations or foreign legal advice. Never sign a postnup until you have taken advice from a family law solicitor.
Why Choose Adam Bernard Postnuptial Agreement Solicitors?
- Specialist family law team with offices in Central London (High Holborn) and East London (Upton Park)
- Regulated by the Solicitors Regulation Authority and listed on the Law Society’s Find a Solicitor directory
- Over 15 years’ experience, with more than 15,000 clients helped
- Agreements drafted to current case law and the proposed qualifying nuptial agreement safeguards
- Experience with cross-border and international assets
- Free initial consultation: in person, by phone, or via Zoom, Teams, WhatsApp or Skype
- Available 24/7 on 0207 100 2525
If your marriage has already broken down, our divorce and finance and financial provision solicitors can advise on reaching a settlement.
Speak to our postnuptial agreement solicitors today. Call 0207 100 2525 or book a free consultation.
This page is for general information only and does not constitute legal advice.
Frequently Asked Questions
Is a postnuptial agreement legally binding in the UK?
Can you get a postnuptial agreement after years of marriage?
Do both spouses need a solicitor for a postnuptial agreement?
Can a postnuptial agreement protect my business?
Can a postnuptial agreement protect an inheritance?
Can a postnup decide who the children live with?
What happens if we don't follow the postnup?
Can a postnuptial agreement be changed?
Do postnuptial agreements apply to civil partners?
How long does it take to put a postnuptial agreement in place?
Request to book a Free Consultation
Our Clients Share Their Success Stories.
Good service 👍 👌 many thanks for the great service you have provided to us. Our visa got approved just within 2 weeks only because of your hardwork and subject matter expertise. I am very thankful to you
For me, it was the attitude towards the job the lawyers displayed. Totally unmatched. I've been in and out of law firms because of the divorce with my wife and other related issues but Adam Bernard Solicitors was it for me guys. The best!
I want to thank Adam Benard team, they really helped me in my process of purchasing a property, their team are listen and respond to their customers fast. I really love your service, thanks alot.
Adam Bernard team helped me to purchase the best property for the best amount of time for the best money i have . i personally love dealing with them and i thank the team for all the efforts they made to make the task better .
