Postnuptial Agreements

Postnuptial Agreements Solicitors

A postnuptial agreement is a document you can make after you get married or enter into a civil partnership to set out how you’d like your money and property to be split if you ever break up. If the relationship breaks down in the future, your postnup could save you lots of time and stress.

Protecting your financial interests

Marriage or civil partnership is a big commitment, but nowadays, most people accept that the relationship might not last forever. A postnuptial agreement is a sensible way to plan for the future possibility of relationship breakdown. The document can set out exactly how you want to arrange your finances and provide for co-parenting arrangements for your children.

At WSP Solicitors, we know that thinking about divorce or dissolution when you have just tied the knot isn’t fun. But just think of it as good communication between you and your partner. A postnup 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 postnup, 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.

Our postnuptial agreement solicitors can help you negotiate with your partner and their lawyer to put in place a fair agreement that protects your future financial security.

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.

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.

Contact our postnuptial agreement solicitors in Gloucestershire for help

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

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

We can also provide advice about prenuptial agreements if you are not yet married or in a civil partnership.

How our postnup solicitors can help you

Advice before entering into a postnuptial agreement

Our postnuptial agreement lawyers 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.

Negotiating an agreement

Our postnup lawyers 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.

Advice on a postnup proposed by your partner

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

Where necessary, we can help you renegotiate the terms to protect your interests and advise you if you feel your partner is placing pressure on you to sign.

Remember, a postnup 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 postnup 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.

It is especially important to seek advice if you feel that your circumstances have changed a lot since the postnup was made, for example, if you’ve had children or come into an inheritance, because it could affect how applicable the agreement is.

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

Postnuptial agreement FAQs

What is a postnuptial agreement?

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

These agreements usually include details of what will happen to property that either of you brought into the marriage or partnership or receive during it, the family home, pensions, debts and income claims (maintenance) and also what kind of events might require the agreement to be reviewed.

Why make a postnuptial agreement?

Postnups aren’t just for film stars or very wealthy people. Many people could benefit from making a postnup.

Relationships have changed a lot since marriage laws were made, for example:

  • Both partners are likely to keep working after they get married or enter into a civil partnership
  • It’s common for people to get married later in life, often after they already own a home or have significant savings
  • It’s common for people to have previous marriages/civil partnerships and children from previous relationships

A postnup 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.

A postnup can:

  • Clarify who owns the assets in your relationship (both assets acquired before and after marriage or civil partnership)
  • Exclude certain assets from being counted during financial proceedings upon divorce or dissolution, such as business interests and inheritance windfalls
  • Preserve arrangements from previous relationships, such as financial arrangements for your children with your ex-partner
  • Protect yourself from your partner’s debts

Are postnuptial agreements legally binding?

Postnups are not strictly legally binding, but previous cases have shown that the courts will place a lot of weight on a postnup if it has been entered into properly. The key thing you need to be aware of is that you need independent legal advice.

Do you need a solicitor to make a postnup?

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 postnup agreement covers everything you need it to and has your best interests at heart.

Can we advise both you and your spouse/civil partner?

No, your partner needs to seek their own independent lawyer.

It may be tempting for just one of you to seek legal advice; however, this also won’t work. Both of you need to have independent legal advice before signing a postnuptial agreement; it’s not enough for just one of you to see a lawyer.

Contact our postnuptial agreement solicitors in Gloucestershire for help

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

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

We can also provide advice about prenuptial agreements if you are not yet married or in a civil partnership.


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