Post-nuptial agreements

A post-nuptial agreement can protect your family and finances if you get divorced or dissolve your civil partnership.

Sally Powell, Bishop's Stortford

A post-nuptial agreement sets out how assets are to be split if the couple divorce. Post-nuptial agreements protect you, and your family, if your marriage or civil partnership ends. They’re designed to help people split finances and property fairly and, if you have children, ensure their welfare is put first. They are particularly useful if you’ve previously separated from your partner, and want to protect your assets if you get divorced.

Are post-nuptial agreements legally enforceable? 

Yes - a family law solicitor can help you create a legally valid agreement. A properly-written post-nuptial agreement may be upheld by the Court, if it meets the Court’s requirements. The agreement should be fair, accounting for the needs of both partners and any children from the relationship. An unfair post-nuptial agreement, which may leave one partner in financial need, should not be upheld by the Court.

Post-nuptial agreements are complex legal documents, and it is best to take advice from an expert family law solicitor. A solicitor will prepare a legally valid document that provides for both partners fairly and considers the needs of any children you have.

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Come in and see a family law solicitor for a FREE 30 minute face-to-face consultation about your options. Alternatively, if you want us to take a closer look at your situation, for a fixed fee of £150 + VAT, we can talk with you for up to 90 minutes.

Call our Family and Divorce law solicitors on 0808 231 1320

Post-nuptial agreements FAQs

What is a post-nuptial agreement?

A post-nuptial agreement is a legal document which sets out how a couple’s assets should be divided if they get divorced. Couples can create a post-nuptial agreement any time after they have married or entered into a civil partnership.

What can be included in a post-nuptial agreement?

Post-nuptial agreements usually cover things like:

  • Finances, including financial support
  • Pensions, investments and other significant assets
  • Children and childcare arrangements
  • Business interests.

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