Does a Postnuptial Agreement Hold Up in Court?
A postnuptial agreement will be more likely to be binding and hold up in Court if:
- Both you and your partner get independent legal advice before entering into it
- You provide full financial disclosure
- The terms of agreement are substantially fair
- There was no undue influence or duress into entering into the agreement, g. one of you pressuring the other into the agreement
- There was no fraud or misrepresentation by either of you in relation to the agreement,g. hiding away some of your assets
- Legal contractual requirements were followed when the agreement was entered into
What Can a Postnuptial Agreement Include?
A postnuptial agreement will change depending on your specific circumstances and can include things such as what will happen to:
- Property from before you were married or that you jointly own
- Any property given to you or inherited during the marriage
- Any personal belongings or possessions
- Your pensions
- Any debts you may have at the time of your divorce and how they will be handled
Can I Update My Postnuptial Agreement?
When drawing up the first draft of your prenup or postnup, you can include a ‘review clause’. This is where you build in provision for the agreement to be reviewed, either after a certain period of time or when a specified ‘trigger’ event occurs, for example the birth of a child.
Can a Postnuptial Agreement Protect International Assets?
If either of you has connections with another country, such as assets or future plans to move abroad, you should speak to a specialist Family Lawyer in that country. They can advise you on the need for and effect of a postnuptial agreement in their country.
You could also include a ‘jurisdiction clause’, which will set out the jurisdiction that you want to get a divorce or dissolution of your marriage in, and where you would like the agreement to be enforced.