Post-Nuptial Agreements
Agreements between married couples to clarify financial arrangements.
A post-nuptial agreement is a formal legal agreement made between two people who are already married, setting out how their assets will be divided in the event of separation or divorce. Post-nuptial agreements are governed by the same principles as pre-nuptial agreements and, if properly prepared, can carry significant weight before the courts. BW Solicitors drafts post-nuptial agreements for clients across Ilford and London who wish to bring certainty and clarity to their financial arrangements during marriage.
When Is a Post-Nuptial Agreement Appropriate?
There are many situations in which a married couple may wish to enter into a post-nuptial agreement. Common reasons include a significant change in financial circumstances during the marriage — such as the receipt of a large inheritance, the sale of a business, or a substantial increase in wealth — or a wish to protect assets for children from a previous relationship. In some cases, a post-nuptial agreement may be used to address difficulties in the marriage and set out agreed terms to provide both parties with security and certainty going forward.
- Protecting an inheritance received during the marriage
- Protecting business interests that have grown significantly during the marriage
- Ringfencing assets for children from a previous relationship
- Updating or replacing a pre-nuptial agreement
- Providing financial certainty following a period of difficulty in the marriage
- Agreeing the financial position in the event of a future separation
Requirements for a Post-Nuptial Agreement
Post-nuptial agreements are subject to the same requirements as pre-nuptial agreements. Both parties must receive independent legal advice, there must be full and frank financial disclosure by both parties, and the agreement must be entered into freely and without duress. Unlike pre-nuptial agreements, there is no minimum period required before the agreement takes effect, but it must not be fundamentally unfair — particularly in relation to the needs of any children of the family.
- Both parties must receive independent legal advice
- Full financial disclosure by both parties
- Agreement entered into freely and without pressure
- Agreement must not be fundamentally unfair
- Consideration of the needs of any children of the family
Why Choose BW Solicitors?
Our family law solicitors draft post-nuptial agreements that are carefully structured, clearly written and designed to provide maximum protection for our clients. We approach every agreement with the same precision and care, regardless of the complexity of the assets involved. We serve clients across Ilford, East London and Greater London.