Post-nuptial agreements—client guide

The following Family precedent provides comprehensive and up to date legal information covering:

  • Post-nuptial agreements—client guide

Post-nuptial agreements—client guide

This document provides general guidance regarding post-nuptial agreements. Your family lawyer will be able to provide specific advice based on your circumstances.

What is a post-nuptial agreement?

A couple who are already married or in a civil partnership may decide to enter into an agreement that shows what they intend to happen to their money and property if their marriage or civil partnership were to end. This may be because they didn’t enter into a pre-nuptial agreement before getting married, or where there has been a separation followed by a reconciliation. A separating couple may make an agreement on financial matters if they do not yet wish to divorce: this type of post-nuptial agreement is called a separation agreement, but similar rules apply. The legal rules about these agreements come from the usual laws that apply to divorce, and also a decision of the Supreme Court in 2010 (Radmacher v Granatino) where the court said: ‘The court should give effect to a nuptial agreement that is freely entered into by each party with a full appreciation of its implications unless in the circumstances prevailing it would not be fair to hold the parties to their agreement’.

Why enter into a post-nuptial agreement?

Everyone has their own reasons for entering into a post-nuptial agreement. It may be that you and your spouse simply like to be as

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