Post-nup

Already married and missed the pre-nup boat? Don’t worry, the ship hasn’t sailed.

You may have heard of a pre-nup. Especially if you’re an avid American celebrity gossip follower. But have you heard of a post-nup? And did you know these are available to you in England?

A post-nup is an agreement drawn up after marriage or civil partnership but before separation. The agreement, signed by both spouses, sets out how you have agreed to provide for each other by way of maintenance in the event of divorce/dissolution and how you will split your assets, property and child care.

Post-nups are now legally enforceable and will usually be upheld so long as the outcome of the agreement is fair and at the time of entering the agreement both of you sought independent legal advice, made full and frank financial disclosure to each other and intended for it to be binding.

When entering a post-nup it is vital that each spouse obtains independent legal advice, even if you think you both agree on the terms. If you (or your spouse) is in need of advice, please contact Stephanie at stephanie@kleymansolicitors.com

It is also advisable to update the agreement throughout your marriage and we can help you with this.