Postnuptial Agreements Solicitors

When married couples and civil partners separate, they are able to make claims against each other’s income, property, assets and pension provision. The court has a wide discretion to redistribute assets to achieve a fair financial settlement and will often take any prenuptial agreement or postnuptial agreement into consideration.

What is a postnuptial agreement?

A postnuptial agreement is an agreement entered into by people who are already married or in a civil partnership for the same purpose.

When made by civil partners, postnuptial agreements are sometimes referred to as post-registration agreements or post-civil partnership agreements. We help both spouses and civil partners with their post-marital or civil partnership needs.

Protecting your financial interests with a postnuptial agreement 

Making a postnuptial agreement with your partner about how your assets should be divided in the event of a future separation might not seem like the most romantic gesture, but it can prevent unnecessary conflict and provide peace of mind. Having everything clearly set out helps to defuse potential tension over finances and ensures both parties are on the same page. Marriage or civil partnership is a big commitment, but it’s wise to acknowledge that relationships may not always last forever. A postnuptial agreement is a sensible way to plan for this possibility, setting out how you want to arrange your finances and providing for co-parenting arrangements for your children.

At WSP Solicitors, we know that thinking about divorce or dissolution when you’re happily together isn’t fun. But just think of it as good communication between you and your partner. A postnuptial agreement doesn’t guarantee the end of your relationship, but it does guarantee that you will both be on the same page about your finances. For example, in the process of making your  postnuptial agreement, you will need to agree:

• Who owns what in the relationship
• What assets are considered joint
• How you arrange your finances to fund your life together, such as how the bills are paid

If all goes well, you’ll never need the agreement, but you can refer to it during your relationship to resolve disagreements about money.

It can also form the basis of your financial settlement if you get a divorce or civil partnership dissolution in the future. This could save you loads of time and stress during a challenging time.

Advice before entering into a postnuptial agreement

Our solicitors can provide advice about what it means to enter into an agreement and how it could help you.

Getting advice before entering into negotiations can be helpful, so you know where you stand going into the discussions. It removes the potential for confusion about what you are trying to achieve and minimises the risk of conflict.

How to negotiate a postnuptial agreement

Our solicitors can help you negotiate the perfect agreement, making sure that your best interests are protected and taking the pressure off you.

Having the advice of a lawyer during postnuptial agreement negotiations is essential because whether you have independent legal advice is taken into account if the agreement ever comes before a court.

At WSP Solicitors, we can guide and advise you through the process of reaching a postnuptial agreement, including exchanging financial information and negotiating the terms of the agreement with your partner (who should receive their own legal advice).

What to consider when your partner asks to get a postnuptial agreement 

If your partner has presented you with a postnuptial agreement and asked you to sign, we can provide advice about its terms, your rights under it and whether it is fair to you.

Getting independent legal advice on any agreement you have been asked to sign is a legal requirement for the agreement to be considered by a court. It can also give you a sense of security and peace with the decision.

We can swiftly review an agreement your partner has asked you to sign and tell you whether we believe it is fair. We can also help you renegotiate any terms that you are not happy with to protect your interests and advise you if you feel your partner is placing pressure on you to sign.

Remember, a postnuptial agreement is only valid if entered into willingly and with legal advice, so telling your partner that you are speaking to a lawyer benefits you both.

Advice on using a postnuptial agreement during divorce or separation

Our Family Law team are also divorce and dissolution experts. We help couples end their relationships and have substantial advice advising in cases where there is a postnuptial agreement in place.

In the event your relationship does end and you have a postnuptial agreement in place, we can advise you on how it applies. If the agreement was prepared correctly and your circumstances have not changed significantly since the agreement was made, it will likely still be applicable.

Visit our Divorce & Civil Partnership Dissolution page for more information.

Why make a postnuptial agreement?

Many people think that postnups are just for wealthy people, but actually, most people could benefit from making one. For starters, making sure you and your partner have both agreed about how finances will work before you get married can prevent disputes arising during your relationship. Here are some more reasons why making a postnuptial may be right for you:

• To clarify who owns which assets and how your money and property will be split in the event of divorce.
• To exclude certain assets from any financial proceedings upon divorce, such as inheritance windfalls and business interests.
• To preserve arrangements from previous relationships, such as financial arrangements for your children with your ex-partner.
• To protect yourself from your partner’s debts.

A postnuptial agreement can reflect the true financial reality of your relationship with your partner and make sure that assets you have worked for are protected from being automatically taken into account during divorce or dissolution financial arrangements.

Do you need a solicitor to make a postnuptial agreement?

Yes, a postnuptial agreement won’t be recognised during divorce or dissolution proceedings if you haven’t had independent legal advice. This is to prevent people from being coerced into signing an agreement or convinced to sign an agreement that isn’t fair to them.

In general, solicitors are specially trained to help clients in negotiations and can make sure that the final agreement covers everything you need it to and has your best interests at heart.

Instructing a solicitor also means that you can trust that no stone will be left unturned. WSP Solicitors will ensure that you consider every financial aspect, and we often uncover issues that our clients may not have thought about otherwise. WSP Solicitors will always make sure the final agreement is as fair as it can be, so you can trust that your financial interests are protected and that the agreement is likely to be upheld in court.

How our postnuptial agreement solicitors can help you

With many years of experience behind us, we are skilled at creating a warm, open and comfortable atmosphere, reflecting the positive relationship between you and your partner and minimising the risk of disagreements arising.

Contact our postnuptial agreement solicitors in Gloucestershire for help

For expert help in making a postnuptial agreement, please contact your local WSP branch in Gloucester or Stroud today.

If you have a quick question or would like to request a callback, you can also use our quick online enquiry form.