Post Nuptial Agreements - MLP Law

Sign a post nuptial agreement for protection in divorce

A post nuptial agreement is a contract entered into after marriage or civil partnership that determines what will happen if you later decide to separate. With the help of MLP’s family law experts, you can draw up an arrangement that will be upheld in court.

Like a prenup, a post nuptial agreement or ‘postnup’ must be fair and entered into willingly by both parties. You should both consult a solicitor before signing a postnup.

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Postnups are not only for separation

A post nuptial arrangement can be useful when one or both parties is extremely wealthy, but they have many other uses too:

  • Agree to keep existing debts separate
  • Make arrangements for children and pets
  • Set out plans for your estate in case of death

In general, you can use a postnup to anticipate a likely dispute in the event of a future divorce, dissolution or death, and pre-emptively set out what should happen.

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Get a post nuptial agreement you can enforce

While post nuptial agreements are not legally enforceable in English law, a judge will usually uphold the terms as long as they are fair, entered into willingly by both parties, and do not cause severe detriment to either party.

For a judge to uphold your postnup, both parties must have consulted a solicitor beforehand. MLP’s family lawyers have the experience needed to draw up a post nuptial agreement with fair terms, but which still accurately represents what you want to achieve from it.

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Frequently asked Post Nuptial Agreement questions

Is it easy to get a postnup?

If you and your partner are in agreement, it is usually quite easy to get a post nuptial agreement drawn up for you to sign.

Will the courts honour a post nuptial agreement?

In general, yes. Legally there is little difference between a prenup and a postnup. Judges will normally uphold the agreed terms unless they put either party at risk of poverty, disadvantage a dependant or minor, or either party was coerced into signing the contract.

Is a postnup expensive?

Because a post nuptial arrangement is usually quite amicable, you can avoid running up court fees. This can make a postnup much cheaper than trying to resolve a dispute later during divorce or after a death.

Can I get a postnup for a same-sex marriage or civil partnership?

Yes. Generally speaking, same-sex marriages and civil partnerships are subject to the same rules and laws as opposite-sex marriages. A postnup should be treated the same in court regardless of the type of legal union you have entered into.

What if we can't agree postnup terms?

A postnup is designed to avoid future disputes, so it may be worth negotiating to find a compromise now, rather than later. Our team can help you decide how to do this so you can find a middle ground and make an arrangement both parties can agree on.

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