Post-nuptial agreements are for people who are already married or in a civil partnership and are made after the marriage or civil partnership has taken place.

The purpose of a post-nuptial agreement is to record the agreement reached between a couple regarding their finances in the event of a marriage breakdown.  In some cases, a couple may have signed a pre-nuptial agreement before marriage and then choose to enter into a further post-nuptial agreement to reaffirm that the terms remain valid after the marriage.  This is common where the pre-nuptial agreement was finalised less than 28 days before the wedding.  Also, if one party is feeling anxious about what might happen in the event of separation/divorce, a post-nuptial agreement can be used to reassure that person and, in turn, strengthen the marriage.

Like with pre-nuptial agreement, post-nuptial agreements are not strictly legally binding under English law, however if they are professionally drafted with both parties freely entering into it without any pressure, with the benefit of independent legal advice and honest disclosure of your financial circumstances, then there is a very good chance that they will be upheld in court.

If you are considering a post-nuptial agreement or want to discuss your options, then please do not hesitate to contact our expert family law team.