Post-Nuptial Agreements
Bortoft Bell are specialist postnuptial agreement solicitors in London providing legal services primarily for high net worth individuals. A postnuptial agreement is a formal agreement entered into by a married couple regulating how their assets will be divided in the event of a divorce. It might be that something has happened during the relationship which has led one or both parties to have uncertainties about the future of the marriage. In these situations, having agreed what will happen to the finances in the event of a divorce can allow the couple to focus on getting their relationship to where they would like it to be.
Post-Nuptial Agreement Solicitors
As specialist family lawyers in London we are able prepare bespoke postnuptial agreements tailored to your precise needs. It is important that both parties obtain independent legal advice on the terms of such an important document, and we often also advise our clients on postnuptial agreements drafted by their partner’s lawyers. We offer all clients an initial consultation, without charge, in respect to the preparation of, or advice upon, a postnuptial agreement. Please call us on 020 3405 0060 or email us to arrange your consultation.
What is a post-nuptial agreement?
A post-nuptial agreement is the same as a pre-nuptial agreement, except that it is entered into after a wedding or civil partnership has taken place. This does not need to be immediately after the wedding, and often they are agreed after many years of marriage. A post-nuptial agreement regulates how a couple intends to divide their assets in the event of a divorce.
Couples choose to enter into a post-nuptial agreement for a number of reasons. Sometimes they are executed following a wedding, where the parties have a pre-nuptial agreement, in order to take a comprehensive approach. Couples might sign a post-nuptial agreement after a rocky spell in a relationship, such as where one party have been unfaithful, in order to provide one party more security or peace of mind.
Are post-nuptial agreements binding?
In short, post-nuptial agreements are binding provided that they are “fair”.
How do you enter a post-nuptial agreement?
In order that the post-nuptial agreement has the best chance of being upheld, and therefore binding upon the parties, it is important to ensure that:
1. Both parties receive independent legal advice upon the terms of the agreement before it is entered into;
2. There is no improper pressure applied by one party;
3. Sufficient, and accurate, financial information is produced by both parties, including an overview of their respective financial positions, in order to allow them to assess whether the proposed terms of the agreement are fair.
One party’s solicitor will normally draft the post-nuptial agreement, which will then be sent to the other party’s solicitor for consideration. There may be some negotiation on the terms.
Once the post-nuptial agreement is agreed, both parties and their solicitors can execute the document.
What makes a post-nuptial agreement fair?
What is fair will vary from case to case depending on the facts. What is fair in a short childless marriage might not be fair in a long marriage, or one which has produced children. Case law has established that where the terms of a post-nuptial agreement leave one party in a position of “real need” it will not be fair.
Can I challenge a post-nuptial agreement?
If upon divorce, one party believes that the post-nuptial agreement is unfair, they can challenge it. If a judge agrees that the agreement is unfair, it will not necessarily mean that it is disregarded completely. It might be that the court makes a more generous award than provided in the agreement, but less than it would have awarded had there not been a post-nuptial agreement.
If you would like to discuss how our postnuptial agreement lawyers in London can assist you with legal advice please call us on 020 3405 0060 or send us a message to arrange your free initial consultation.