Similar to a pre-nuptial agreement, a post-nuptial agreement is entered into by spouses who want to regulate their own finances and set out what they want to happen to assets and debts upon divorce.

There are various reasons why parties may consider such agreements: –

  • A pre-nuptial agreement may have been suggested too late in the day to be effective.
  • Inheritance may be received during the marriage with one party wishing to ringfence that.
  • To provide clarity and fairness where one spouse holds all of the assets.

Parties are not able to oust the jurisdiction of the Court with a post-nuptial agreement however there are various factors which should be adhered to, which will add weight to the agreement.  They include: –

  1. Each party needs to provide full and open disclosure of their own financial circumstances.
  2. Independent legal advice must be sought by each party from separate specialist legal advisors.
  3. The parties must understand the agreement and must not be pressurised into entering it.
  4. The terms must be reasonable and not be out of date.
  5. The must be a period of time for consideration between the proposal of the agreement and the signing of it.

Given you are already married when considering this type of agreement, the proposition and negotiation process needs to be approached in a sensitive manner.  We would therefore strongly recommend that the parties and their lawyers meet to discuss the terms to achieve an agreement in a collaborative fashion.

For anything further, one of our specialists would be delighted to meet you to talk through your options and answer any questions. Please contact us at any time.