Post-nuptial agreement definition

Produced in partnership with Judith Pepper of Coram Chambers

What does Post-nuptial agreement mean?

A post-nuptial agreement is an agreement entered into by the parties to a marriage (or civil partnership) subsequent to the marriage/civil partnership usually in relation to financial matters.

Similar principles to those applied to pre-nuptial agreements will apply to a post-nuptial agreement, ie in the event of a dispute as to the terms of the agreement the court will consider, inter alia, the parties' conduct prior to and following the agreement and whether the agreement was entered into with the benefit of legal advice and full knowledge of the parties' circumstances. A post-nuptial agreement that has been properly and fairly arrived at with competent legal advice is unlikely to be displaced unless there are good and substantial grounds for concluding that an injustice will be done by holding the parties to the terms of their agreement.

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