Postnuptial Agreement Solicitors

Marriage can bring unexpected changes, whether that is a business growing in value, an inheritance arriving, or a shift in financial circumstances that was not anticipated on your wedding day.

If you are looking to protect your assets and set clear financial expectations, a postnuptial agreement could provide the structure and certainty you need.

At Clarkson Wright & Jakes (CWJ), our family law solicitors understand that this is a sensitive step. We will guide you through the process with care and expertise, helping you and your partner reach an agreement that is fair, clearly drafted, and gives you genuine peace of mind.

Our solicitors can assist with…

Our family law team has extensive experience helping married couples and civil partners put clear, fair postnuptial agreements in place. We can assist with:

• Advice on the implications of a postnuptial agreement for your specific circumstances
• Drafting and negotiating the terms of your agreement
• Advice on the enforceability of a postnuptial agreement
• Guidance on full financial disclosure for both parties
• Arranging independent legal advice for each party
• Updating or replacing an existing prenuptial or postnuptial agreement

Speak to our solicitors in Orpington, Kent

Whether you are looking to protect assets, update your financial arrangements, or simply gain peace of mind, our postnuptial agreement solicitors in Orpington are here to help. Call us today on 01689 887887 or fill in our simple enquiry form to arrange a consultation with our family law team.

What is a postnuptial agreement?

A postnuptial agreement (sometimes called a postnup agreement or post marriage agreement) is a formal legal document entered into by two people who are already married or in a civil partnership. It sets out how assets, property, and finances would be divided if the relationship were to break down in the future.

Unlike a prenuptial agreement, which is signed before a wedding, a postnuptial agreement is created after the marriage or civil partnership has taken place.

Why consider a postnuptial agreement?

Circumstances change, and a postnuptial agreement can provide clarity and reassurance when they do. Common reasons couples choose to put one in place include:

• Protecting inherited wealth received after the wedding
• Safeguarding a business interest or significant asset
• Addressing changed financial circumstances, such as a considerable increase or decrease in wealth
• Reaffirming financial arrangements following a period of marital difficulty or reconciliation
• Formalising financial expectations when a prenuptial agreement was not created before the wedding
• Providing clarity on children’s financial provision in the event of separation

Our postnuptial agreement services

Advice on the implications of postnuptial agreements

Before entering into any agreement, it is important to understand fully what a postnuptial agreement means for you and your partner. Our solicitors will explain how an agreement could affect your financial position, your rights on separation, and any broader implications for your family, so you can make an informed decision that reflects your priorities.

Drafting and negotiating the terms of a postnuptial agreement

Vague or poorly worded terms can undermine an agreement’s effectiveness and create uncertainty later. Our solicitors will prepare a clear, comprehensive draft covering all relevant financial matters. Where negotiation is needed, we take a constructive approach, helping both parties reach terms that accurately reflect their intentions.

Advice on the enforceability of a postnuptial agreement

Postnuptial agreements are not automatically legally binding in England and Wales, so understanding what gives an agreement its weight is crucial. We will advise you on the steps needed to maximise the likelihood of your agreement being upheld, and we draft every agreement with enforceability firmly in mind.

Are postnuptial agreements legally binding in the UK?

In England and Wales, postnuptial agreements are not automatically legally binding. However, the courts give considerable weight to them, meaning they are a valuable resource in protecting your future interests.

For a court to uphold a postnuptial agreement, it will typically look for:

• Both parties having received independent legal advice
• Full and honest financial disclosure from both sides
• The agreement having been entered into freely, without pressure or undue influence
• Terms that are fair and reasonable at the time of any future proceedings
• Adequate provision for any children of the relationship

What should a postnuptial agreement include?

A postnuptial agreement can cover a wide range of financial matters. Typical contents include:

• Division of property and assets
• Treatment of inherited wealth and family gifts
• Business interests and ownership arrangements
• Spousal maintenance provisions (see our child and spousal maintenance page for further information)
• Debt allocation between the parties
• Financial provisions relating to any children

Our solicitors will work with you to ensure all relevant areas are addressed clearly and that both parties are comfortable with what is been agreed.

The postnuptial agreement process

Putting a postnuptial agreement in place involves several key stages:

• Initial consultation: We will discuss your circumstances and confirm whether a postnuptial agreement is suitable.
• Financial disclosure: Both parties must provide full and honest disclosure of their financial position, including assets, income, and liabilities.
• Drafting the agreement: Our solicitors will prepare a clear draft, setting out the agreed terms in plain English.
• Independent legal advice: Both parties must take independent legal advice. We can act for one party and signpost the other to a separate solicitor.
• Review and signing: Once both parties are satisfied, the agreement is signed.

How our postnuptial agreement solicitors can help

CWJ’s family law team brings considerable expertise to postnuptial agreement work. We approach every case with discretion and care, ensuring both parties feel heard throughout the process.

Our solicitors are also experienced in division of assets and divorce and separation, meaning we can offer a holistic view of how a postnuptial agreement fits your broader financial picture. If you are unmarried and looking for similar protection, our cohabitation agreements page may be of interest.

Members of our family team are recognised by Chambers & Partners, reflecting the high standard of advice we consistently deliver.

Our solicitors’ fees

We are committed to transparency when it comes to fees. Before we begin any work, we will provide a full breakdown of all costs likely to apply to your case, so there are no unwelcome surprises.

Postnuptial agreement FAQs

What is the difference between a prenuptial and postnuptial agreement?

Both cover similar financial matters, including asset division, property, and maintenance. The key difference is timing: a prenuptial agreement is signed before the marriage, while a postnuptial agreement is signed afterwards. In some circumstances, a postnup may carry more weight in court because it is agreed without the pressure of an upcoming wedding.

Can I get a postnuptial agreement years after getting married?

Yes. There is no time limit on when a postnuptial agreement can be put in place. It can be created at any point during the marriage, provided divorce proceedings have not already begun.

Will a postnuptial agreement hold up in court?

While postnuptial agreements are not strictly legally binding, courts give significant weight to agreements that have been properly drafted. To stand the best chance of being upheld, both parties should have received independent legal advice, made full financial disclosure, and agreed to fair terms without any pressure.

Can a postnuptial agreement be changed?

Yes. If both parties agree, a postnuptial agreement can be varied or updated at any time. This is particularly common following significant life events, such as the birth of a child or a substantial inheritance.

What happens if we already have a prenuptial agreement?

A postnuptial agreement can reaffirm, update, or replace an existing prenuptial agreement. If your circumstances have changed considerably since your wedding, a postnup can ensure your financial arrangements still reflect your current situation.

Do both parties need their own solicitor?

Yes. Independent legal advice for each party is essential. It helps ensure both parties fully understand what they are agreeing to and protects the agreement from future challenges based on undue influence. Our team can act for one party and, where needed, recommend a suitable solicitor for the other.

Speak to our solicitors in Orpington, Kent

Whether you are looking to protect assets, update your financial arrangements, or simply gain peace of mind, our postnuptial agreement solicitors in Orpington are here to help. Call us today on 01689 887887 or fill in our simple enquiry form to arrange a consultation with our family law team.