What is a Postnuptial Agreement?
A postnuptial agreement (also known as a post-nup) is a formal written contract made between two spouses after they are married.
It sets out:
- Ownership of property, assets, and finances.
- How these will be divided if the marriage breaks down in the future.
Like a prenuptial agreement, a post-nup offers clarity, fairness, and peace of mind, helping couples reduce uncertainty and avoid potential disputes.
Are Postnuptial Agreements Legally Binding?
In England and Wales, postnuptial agreements are not automatically legally binding in statute. However, the courts increasingly give significant weight to them where:
- The agreement is fair and reasonable.
- Both spouses entered into it voluntarily.
- Each received independent legal advice.
- There was full financial disclosure.
This means a well-prepared post-nup can strongly influence how the court decides to divide assets in a divorce.
Why Consider a Post-Nup?
Couples may choose a postnuptial agreement for several reasons, including:
- Protecting inheritance or future inheritance received after marriage.
- Unequal contributions – where one spouse has brought significantly more assets into the marriage.
- Business protection – ensuring companies, partnerships, or professional practices remain secure.
- Changes in circumstances – for example, after having children, inheriting property, or a significant change in income.
- Second marriages – preserving assets for children from previous relationships.
- International considerations – where divorce proceedings might take place in another jurisdiction.
How We Can Help
At Capital One Solicitors, our specialist family law team advises clients on creating robust postnuptial agreements. We ensure that:
- Your financial interests and assets are properly safeguarded.
- The agreement is fair, clear, and professionally drafted.
- Both parties fully understand the implications.
- The document is prepared in a way that maximises its enforceability in court.
📞 Contact our family law solicitors today to discuss whether a postnuptial agreement is right for you.
