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What are post-nuptial agreements?

A post-nuptial agreement (postnup) is a legal contract between married partners that sets out how their money, assets, and debts would be divided if they were to separate or divorce. Think of it as a financial safety net - it brings security and peace of mind, ensuring both partners are on the same page about their financial future.

A postnup can be especially useful for couples who:

• Didn’t sign a prenuptial agreement (prenup) before getting married but now want similar financial protections.
• Have gone through big financial changes, like receiving an inheritance, starting a business, or buying property.
• Want to agree on financial terms upfront to avoid lengthy legal disputes if things don’t work out.

How do postnups work in the England and Wales?

A postnup works just like a prenup, except it’s signed after marriage instead of before. It’s a legally binding contract that helps couples define how their finances will be handled in case of divorce or separation. The agreement typically covers:

• Who gets what – From property and savings to business assets and investments.
• Debt responsibility – Clarifies who is liable for any outstanding debts.
• Spousal maintenance – Sets expectations for financial support if the marriage ends.

How long after marriage can you arrange one?

There's no time limit for creating a post-nuptial agreement - couples can put one in place at any stage of their marriage. Some common times to consider a postnup include:

• Soon after marriage: If a couple didn’t sign a prenup but wants to put financial protections in place.
• After major financial changes: For example, if one spouse receives an inheritance, starts a business, or acquires new assets.
• Following a rough patch in the relationship: Some couples use a postnup as a way to rebuild trust and establish financial security while working through difficulties.
• Before retirement or estate planning: To help structure inheritance rights and long-term financial arrangements.

💡Did you know? A 2023 YouGov survey found that 42 percent of British people viewed them as a “good idea”, compared to 13 percent who considered them a “bad idea”.

What do post-nuptial agreements cover?

A postnuptial agreement can outline how a couple’s finances, assets, and debts will be handled in the event of a divorce or separation. It provides clear financial guidelines, helping to protect both spouses and prevent future disputes.

Here are some of the key areas a postnup can cover:

1. Division of property and assets: Specifies how homes, cars, valuables, and other assets will be split if the marriage ends.
2. Savings and investments: Protects personal and joint savings accounts, stocks, and other financial investments, ensuring they are distributed fairly.
3. Pension rights and entitlements: Clarifies how pensions and retirement funds will be divided, which can be important for long-term financial security.
4. Spousal maintenance and financial support: Sets expectations for spousal maintenance (alimony), including how much will be paid and for how long.
5. Business interests: Helps safeguard business assets by defining ownership rights, ensuring a company remains intact even if the marriage ends.
6. Responsibility for debts and liabilities: Determines who is responsible for debts (such as loans or credit card balances), preventing one spouse from being unfairly burdened.

What they don’t and can’t cover

While postnups can help clarify financial arrangements, there are certain things they cannot legally enforce:

• Child custody and support arrangements – The court decides things like child custody based on the child’s best interests at the time of separation.
• Unfair or unreasonable terms – If the terms place one party at a severe disadvantage, they may not be upheld by the court.
• Anything promoting divorce – A postnuptial agreement can protect your finances, but it can’t push you toward divorce. If you're unsure about what’s fair or enforceable, speaking to a divorce solicitor can help you make the right call.
• Future income or earnings – A postnup cannot guarantee rights to money that has not yet been earned.

Common reasons to get a postnuptial agreement

There are many reasons why a couple might decide to get a postnuptial agreement. Some simply didn’t get around to signing a prenup but still want to sort out their financial arrangements. Others may be facing life changes or new financial circumstances.

1. Protecting an inheritance

If one spouse is expecting a large inheritance, they may want to keep it separate from shared marital assets. While inheritances usually belong to the recipient, things can get complicated if the money is:

• Merged into joint accounts
• Used for shared expenses like buying a home
• Invested into marital assets, such as renovations or a family business

A postnup can clearly state that an inheritance remains with the intended spouse, even if the marriage ends. This can prevent disputes and ensure family wealth stays protected.

2. Dividing business interests

Unlike cash savings or pensions, businesses are harder to value and divide in a divorce. If one or both spouses own a company, a postnup can:

• Define ownership – Ensuring the business stays with the original owner.
• Balance the financial split – If one spouse gives up their share, they receive a fair portion of other assets instead.

This helps avoid messy and expensive legal battles over business valuation in the future.

3. Handling family gifts and loans

Family contributions—especially for big expenses like house deposits - can cause complications in a divorce. If one spouse’s family has gifted or loaned the couple money, a postnup can protect those contributions. For example, if a spouse’s parents contributed £100,000 toward a house deposit, the postnup could state that this amount goes back to that spouse before assets are divided.

4. Rebuilding a relationship

A postnuptial agreement isn’t always about planning for separation - it can also help strengthen a marriage. For example, if one partner has been unfaithful, they might agree to a more generous financial settlement in a postnup to reassure their spouse that they’re committed to making things work. For some couples, putting clear financial agreements in place helps rebuild trust and move forward with greater confidence.

Pros and cons of postnups

Some people wonder if a postnuptial agreement is worth the time and money. The short answer? Yes - if done properly. In recent years, UK courts have been more willing to uphold postnups, as long as they are fair, well-prepared, and don’t heavily favour one side, or run contrary to the Matrimonial Causes Act.

How much can post-nuptial agreements typically cost?

The cost of a post-nuptial agreement can vary depending on factors like complexity, legal fees, and whether negotiations are needed. In the UK, most solicitors charge between £2,000 and £5,000 to draft a standard postnup, but more complex agreements - such as those involving business assets, high-value estates, or extensive negotiations - can cost significantly more.

👉 At Lawhive, our solicitors charge fixed-fees - which means no nasty surprises along the way. Plus, we're often up to 50% cheaper than a high street law firm. Get in touch today to start your claim and see how we can help.

How to create a postnuptial agreement with Lawhive

Whether you want to protect assets, provide for children from a previous marriage, or adjust to new financial circumstances, Lawhive’s expert family solicitors make the process simple, stress-free, and legally sound. Here’s how we can help you put a post nuptial agreement in place.

1. Start the conversation

Before anything else, you and your spouse should have an open and honest discussion about why you’re considering a postnuptial agreement. This isn’t always an easy conversation, but understanding each other’s financial goals and concerns is the first step.

2. Speak to our legal experts

Once you’ve decided to move forward, both you and your spouse will need independent legal advice. This ensures the agreement is fair, transparent, and legally robust.

• We’ll review your financial situation and talk through your objectives.
• We’ll explain what can be included in the agreement to best protect your interests.
• Your spouse’s solicitor will do the same, making sure both parties feel confident before proceeding.

Legal advice is key to ensuring your agreement is legally enforceable should you ever need it.

3. Drafting the agreement

Once your post nuptial solicitor has all the details, they'll draft a bespoke agreement tailored to your circumstances. This might cover:

• How assets and property will be divided
• Spousal maintenance – financial support if the marriage ends
• The treatment of inheritance, pensions, and future income
• Responsibilities for debts or business ownership

4. Reviewing and finalising the agreement

Once the draft is ready, your post nuptial solicitor will go through it with you clause by clause, making sure:

• Everything is clear, fair, and reflects your intentions
• You understand your rights and responsibilities
• Any final changes are made before signing

5. Signing the agreement

Once both parties are happy, you and your spouse will sign the agreement – ideally in the presence of witnesses. This formalises the contract and, provided it meets legal standards, makes it legally binding.

6. Keeping it up to date

Life changes - so should your agreement! If you experience big financial or personal changes, such as:

• A change in income or assets
• The birth of children
• A major financial investment or new business venture

…it’s worth reviewing and updating your postnuptial agreement to keep it relevant and enforceable.

Do you need a solicitor for a postnup?

While it’s technically possible to draft a postnuptial agreement without a solicitor, getting legal assistance is highly recommended to ensure the agreement is legally valid and enforceable.

A post nuptial agreement solicitor can help by:

• Ensuring the agreement is fair: UK courts are more likely to uphold a postnup if both parties fully understand the terms and the agreement is reasonable.
• Providing independent legal advice: Each spouse should get separate legal advice to confirm they’re signing voluntarily, without pressure or coercion.
• Drafting a well-structured agreement: A solicitor ensures the postnup is clear, precise, and legally sound, reducing the risk of future disputes.

💡 Key takeaway: You don’t have to use a solicitor, but without one, there’s a higher risk the agreement could be challenged or disregarded in court. Investing in expert legal guidance can help protect both parties and their financial interests.

Final thoughts

A postnuptial agreement isn’t just about planning for the unexpected - it’s about bringing financial clarity and security to your marriage. By setting out who owns what, how assets will be divided, and what financial responsibilities each partner has, a postnup helps avoid confusion, stress, and costly disputes.

While postnups aren’t automatically legally binding in the UK, courts are far more likely to uphold them if they are fair, properly drafted, and both partners received independent legal advice. That’s why it’s crucial to get expert guidance when putting one in place.

💡 Need a postnup? Our expert postnuptial solicitors offer clear, fixed-fee legal advice to ensure your agreement is watertight and legally sound. Get in touch today to start the process.

References

• Laws relating to prenuptial agreements from House of Lords Library

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