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Family Divorce Law Farleys Solicitors LLP

Post Nuptial Agreements

Legal Advice on Making a Post Nuptial Agreement

A post-nuptial agreement is a written contract agreed between spouses which usually makes provision for matters relating to children, maintenance and division of property in the event of a marriage breakdown.

In terms of its content, it is similar to a pre-nuptial agreement, although a post-nuptial agreement is entered into during a marriage rather than prior to it.

Post nuptial agreements are increasing in popularity and are particularly useful when there is a change in circumstances in the family. They can also be useful if there was not an opportunity or time to draw up a prenuptial agreement before marriage.

For a post nuptial agreement to hold any weight should it be needed in the future, both you and your spouse are both required to have sought independent legal advice from a solicitor. Farleys have a specialist team experienced in dealing with post-nuptial agreements who will always act in your best interests keeping in mind your needs and wishes at all times.

FAQs

What is the legal status of a post nuptial agreement?

Post Nuptial agreements are taken into consideration by the court provided the following conditions are met:

Both parties have entered into the agreement freely;
Each party has given full financial disclosure;
Each party has sought independent legal advice.
If these conditions are met the starting point should be that the agreement is adhered to. The court does, however, have a discretion to disregard or vary the agreement if it is considered to be manifestly unfair given the contributions made by either party, or if there has been a significant change in circumstances since the agreement was executed.

What is included in a post nuptial agreement?

It is common for post nuptial agreements to include provision for:

- Individual liabilities for rent or mortgage payment in respect of the matrimonial home,
- How to distribute the proceeds of selling the property.
- How any joint assets will be divided
- How to deal with joint bank accounts or debts incurred during the course of marriage.
- Living and maintenance arrangements for children

Contact a Solicitor to Draft a Post Nuptial Agreement

For more information or to obtain legal advice on a post-nuptial agreement call 0333 331 4031 or submit an enquiry online.

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