The main difference between a prenuptial agreement and a postnuptial agreement is that you can only get a prenup before you are legally married, but you can get a postnup any time after getting married.
Most couples think they’ll never split up, but sadly 44% of marriages do end in divorce.
So if you and your partner regret not thinking about getting a prenuptial agreement before getting married, a postnuptial agreement might work for you.
Having a well-drafted postnuptial agreement can make a huge difference if you and your partner ever divorce. Our Divorce Solicitors can give you expert legal advice on pre and postnuptial agreements and help you draw up an agreement that meets your needs.
We're rated‘Excellent’Still unsure if you need a postnuptial agreement or not? Here is everything you need to know:
A postnuptial agreement outlines what you and your partner want to happen to your money and property if your marriage or civil partnership were to end.
You might want to consider getting a postnuptial agreement for a number of reasons, but the most common are:
A postnuptial agreement might be beneficial if:
Postnuptial agreements are not strictly legally binding. But the terms of your post-nuptial agreement may be the deciding factor if your divorce finances go to Court.
Most of the time, the Court will stick to the terms of your postnuptial agreement unless the effect of the agreement would be unfair. For example, if sticking to the terms of the agreement means one of you won’t be able to meet your house or living costs.
"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."
Lady Hale
Supreme Court Ruling, Radmacher v Granatino 2010
A postnuptial agreement will be more likely to be binding and hold up in Court if:
A postnuptial agreement will change depending on your specific circumstances and can include things such as what will happen to:
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.
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.
The advantages of getting a postnuptial agreement are that it can:
The disadvantages of a postnuptial agreement are:
When you’re planning on getting married, there are a lot of things that you will be thinking about. Something else you may want to consider is a Prenuptial Agreement with your partner. But who needs a Prenuptial Agreement, and how does it benefit couples? Here is everything that you should know.
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This will depend on who drafts your prenup and how many terms you want to include. For example, if you have more assets and a complicated financial situation, then it may take longer to draw up. And it could cost you each time you review the document.
Our Family Law and Divorce Solicitors will always be upfront about costs. We are the Open Lawyers, which means being honest and transparent when it comes to fees and all the work we do.
We have years of experience in helping couples with their pre and postnuptial agreements and we will tailor our expert service to your needs.
Fill in the form below to get in touch with one of our dedicated team members, or call our team today on: 0808 239 3465
