A post-nuptial agreement is a document signed after marriage, that sets out your wishes regarding money, property and children in the event of divorce. A married couple may wish to have a post-nuptial agreement drawn up if:
You may wish to enter into a post-nuptial agreement if you are already married, and you want to set out what will happen if you divorce.
Your post-nuptial agreement will be tailored to your specific circumstances, so we may cover anything you require. We will advise you on what types of provisions are unlikely to be upheld by the court, in the event of a divorce. The focus of the agreement will be family finances, and there are a number of issues we would cover which usually arise on divorce, including:
A pre-nuptial agreement can set out what who will keep what or how it will be divided if you divorce.
There is a general checklist that the courts can consider when deciding whether to uphold a post-nuptial agreement:
The court will also consider whether legal requirements were followed when the agreement was entered into. The document must be in a specific legal format in order to be valid.
We can prepare a post-nuptial agreement any time after you are married. It is important that before you sign the document, both parties have enough time to obtain financial information and seek legal advice. If there are foreign assets involved, more time may be required to seek specialist advice from valuers or international lawyers.
You should only sign a post-nuptial agreement after you have received legal advice from a family law solicitor.