Most people are familiar with the concept of a pre-nuptial agreement, created before marriage to protect you if you later divorce. But what about if you are already married and want the same kind of protection?
If you have already tied the knot and have decided some form of agreement would be a wise move, a post-nuptial agreement (or ‘post-nup’) can offer the same sort of protection as a pre-nuptial agreement.
It is advisable to convert a Pre-Nup into a Post-nup if possible but they are also commonly used where your financial position has changed since your marriage or problems have arisen and you are concerned a divorce is imminent. They can also be useful if you have had children, started a business or made other life changes since you got married and want to make sure these are accounted for.
A post-nuptial agreement will set out how specific issues, such as property, vehicles, business and financial assets are to be dealt with should your relationship end in divorce. They can also cover issues such as custody and support for children.
However, to have any legal standing, your post-nup must be properly prepared following the right process and with all of the right legal details covered. It is therefore essential to take specialist legal advice from a family lawyer with experience in these types of agreements.
At Pickering & Butters, our family lawyers have strong expertise in dealing with post-nuptial agreements, including drafting and reviewing post-nups, negotiating post-nups and advising on the use of post-nups use during divorce proceedings.
We can also advise you on creating a cohabitation agreement if you are living with your partner or plan to live together without getting married.
By helping you to get the right agreement in place, we aim to give you peace of mind that your long-term financial security is protected, while reducing the likelihood of unnecessary conflict in the future if your relationship ends in divorce.
How we can help you with post-nuptial agreements
Drafting a post-nuptial agreement
We can help you create a post-nup that matches your needs while meeting all of the legal requirements to be considered by a judge if you ever need to rely on the agreement during divorce proceedings.
Reviewing a post-nuptial agreement
Our family lawyers can review the terms of a post-nup you have been asked to sign by your spouse, ensuring the terms are fair to you and do not conflict with your long-term interests.
Negotiating the terms of your post-nuptial agreement
We can advise either party during negotiations over the terms of a post-nup, making sure all of the key issues are accounted for, including the disclosure of assets, your rights to your shared home in event of separation and provision for any children you have together.
Advising on the use of a post-nuptial agreement during divorce
If you have a post-nup in place and are considering divorce or your spouse has initiated divorce proceedings, we can advise you on whether the agreement is likely to be taken into consideration by a Judge or whether there is room to negotiate an alternative settlement.
Common questions about post-nuptial agreements
Do post-nuptial agreements stand up in court?
A Judge will generally consider a pre-nup or post-nup you have with your spouse during divorce proceedings, but they can put the agreement aside if they consider it to be unfair or to otherwise have not been prepared correctly.
For a post-nuptial agreement to be considered by a judge, the following conditions should apply:
- The post-nup is fair to both parties
- A full disclosure of both parties’ assets was made before the post-nup was signed
- Neither party was pressured to sign the post-nup
- There has been no major change of circumstances since the agreement was signed e.g. having children together
- Both parties received independent legal advice before signing
When should I consider getting a post-nup?
There are various times when you might consider getting a post-nup, including where:
- You have had children since getting married
- You have bought a new home with your spouse
- You or your spouse have started a business
- You or your spouse have received a substantial inheritance
- Your spouse has been unfaithful and you want security for the future
- You are considering getting divorced and want to agree the terms in advance
How much does it cost to get a post-nuptial agreement?
The fees for creating a post-nup will depend on factors including the complexity of the agreement and whether significant negotiations are needed with your spouse and their legal representatives.
We will generally work to a pre-agreed hourly rate. This means you only pay for the exact amount of time we take to deal with your matter, while you get the precise level of support you need every step of the way.
Why choose Pickering & Butters’ family lawyers for your post-nuptial agreement?
Our Staffordshire family lawyers have been supporting individuals and couples with all areas of family law for many decades. We offer a combination of exceptional legal expertise with an approachable, people-focused service, helping to protect your interests while making dealing with these matters as easy as possible for you.
We have strong experience with pre-nuptial agreements and post-nuptial agreements for clients from all backgrounds, including medium and high net worth individuals and couples. No matter how complex your financial or personal situation, we can help you get the right agreement in place for you and your loved ones.
Pickering & Butters is Lexcel accredited by the Law Society, recognising our high standards of practice management and client care. We are independently regulated by the Solicitors Regulation Authority (SRA), providing assurance that we continually meet the highest legal and professional standards.
Get in touch with our post-nuptial agreement solicitors in Stafford and Rugeley
Need help creating a post-nuptial agreement or reviewing a post-nup you’ve been asked to sign? Our friendly expert family lawyers in Staffordshire can help.