Do I have to sign a postnuptial agreement?

No, if you have been forced to sign a post nuptial agreement you can dispute it in court. If a family court judge upholds that you signed under duress they will not enforce the post nuptial agreement

Why is a postnuptial agreement a bad idea?

There may be a concern that the provisions in a postnuptial agreement were not bargained for because one spouse did not really have a choice about signing the agreement. If you are not yet married, consider a Prenuptial agreements

What makes a post nuptial agreement invalid?

If the agreement is unfair or if either party were pressured into agreeing to it. For example: One or both of the parties didn't get proper independent legal advice, to make sure they understood the terms One or both of the parties hid assets from the other The agreement leaves one party without anywhere to live or any money to live on

An older couple sign a Post Nuptial Agreement. A guide from SAM Conveyancing

Our excellent panel solicitors can draft your agreement and provide independent legal advice to one party.

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Post Nuptial Agreement

by:

Andrew Boast

Last Updated: 11/04/2024

Read by:

78

3 min read

What is a post nuptial agreement?

Post nuptial agreements are a contract between you and your spouse, to agree your property rights over any assets you both may hold. They are similar to Prenuptial agreements and you can have both. The difference, is that they can be executed at any time during the marriage or civil partnership.

Examples of when a post nuptial agreement may be a good idea:

If you have assets that you would like to bequeath to beneficiaries other than your spouse
If you brought unequal capital into the marriage and would like to make sure that this is reflected in the event of divorce
If one party leaves work to become a full time parent or homemaker, as this would disadvantage their career prospects. You may wish to grant the non-working party a greater proportion of the assets to reflect the loss they would suffer if they were to go back to work with a lower earning capacity in the event of divorce
To deter infidelity in a struggling marriage

Read about how to protect your business in a divorce.

Can a postnuptial agreement save a marriage?

The Guardian reported in 2017 that there had been a rise in post nuptial agreements due to vengeful wives seeking to punish their unfaithful husbands. In these cases, husband has cheated on wife. Wife has asked for Divorce. Husband has begged her to stay. Wife has agreed to remain in the marriage on 'her own terms'.

The couple sign an agreement giving the wife greater property rights in the event of divorce, therefore giving the cheating husband a much greater financial incentive to remain faithful and to save the marriage.

It may not be very romantic, but some say it has rescued their relationship from divorce.

What can be included in a postnuptial agreement?

A post nuptial agreement's main purpose is to set out how the couple will divide assets such as property in the event of divorce. It may also include whether one spouse will pay spousal support, how marital debts will be divided and how assets will pass if either spouse dies.

Is a postnuptial agreement legally binding?

Pre nuptial agreements and post nuptial agreements are not legally binding in the UK. However, this guidance was set in a supreme court, for family courts to decide whether to enforce the agreement.

“The court should give effect to a nuptial agreement that is freely entered into by each party with a full appreciation of its implications unless in the circumstances prevailing it would not be fair to hold the parties to their agreement.”

This means:

Both parties must receive independent legal advice from separate solicitors
It must be fair (The terms should allow for both parties to have somewhere to live and money to live on)
You must both give full financial disclosure of all your wealth and assets
You must allow enough time to consider and negotiate terms
Ultimately the court has a responsibility to divide property fairly and will overrule the agreement to do so. This is especially relevant where there are children

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Written by: Andrew Boast

Andrew Boast FMAAT is a qualified accountant, conveyancing specialist and author with over 25 years of experience in the UK property sector. Since beginning his career in 2000 within established SRA and CLC-regulated conveyancing solicitor firms, Andrew has overseen the legal journeys of more than 75,000 clients.

He is the author of the property guide 'How to Buy a House Without Killing Anyone' and a frequent contributor to mainstream UK media on legislative updates, property law, first-time buyer guides, conveyancing best practices, and stamp duty changes. Andrew specialises in resolving complex title issues, property conflict disputes, and property tax options, streamlining the enquiry process to reduce transaction times and maintaining a client-friendly focus.

Reviewed by: Caragh Bailey

Caragh Bailey is a Lead Property Content Specialist at SAM Conveyancing, having joined the firm in 2020. With a portfolio of over 150 technical conveyancing, house survey and mortgage guides, she has become a primary authority on the end-to-end sale and purchase process.

Caragh specialises in complex legal workflows, including Help to Buy redemptions, equity transfers, shared ownership structures, trust deeds for tax planning, and joint ownership disputes. Her expertise extends to leasehold reform and RICS home surveys, where she provides clear, factual guidance on independent legal advice for specialist mortgage products and intricate ownership structures.

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