A postnuptial agreement, also known as a post‑marriage agreement or postnup, is a written contract created after marriage or civil partnership. It outlines how assets will be handled if the relationship ends in separation or divorce
Why Consider a Postnuptial Agreement?
- Greater peace of mind: It gives both partners clarity on asset division, helping build trust.
- Flexibility for life changes: You can update it if your situation changes (e.g. a new child), though revisions might involve more legal costs.
- Potential cost savings: By agreeing in advance, divorce proceedings can be quicker and less expensive.
Pros and Cons of Postnuptial Agreements
| Pros (Advantages) | Cons (Disadvantages) |
|---|---|
| Offers clarity and emotional peace of mind | Not strictly legally binding—UK courts aren’t obligated to enforce it |
| Flexible to accommodate life changes | Requires independent legal advice for both parties, adding cost |
| Can reduce legal costs and conflict in the long run | Revisions may complicate matters and incur extra fees |
Postnuptial Agreement Key Considerations
- Enforceability: UK courts may enforce a postnup if it’s fair and both parties entered freely, but it’s not automatically binding.
- Solicitor involvement: To increase your agreement’s weight in court, it’s best that both spouses receive independent legal advice.
- Timing: It’s never too late to get a postnup, as long as you’re still legally married or in a civil partnership. And changes can be made later, provided both parties agree and seek legal advice.
Ready to Protect Your Future?
If you’re considering a postnuptial agreement to safeguard your assets or reduce uncertainty, our expert divorce solicitors at Freeman Jones Solicitors is here to help:
Call us: 01244 506 444
Email: info@fjsolicitors.co.uk
Find Us: Chester, Liverpool, Warrington, Wrexham, Manchester, Cheshire
Or complete our online contact form and we’ll get back to you quickly.
Secure your peace of mind today with the trusted support of Freeman Jones Solicitors.
