Missed out on a prenuptial agreement? Coyle White Devine’s guide to postnuptial agreements

Family Solicitors in Amersham

Planning for the worst-case scenario is advisable in any contract you sign, and, in many instances, there is a clause included in the contract to protect you, should the worst happen.

However, as popular as marriages are, there is no clause within a marriage contract that states how much of the assets you are entitled to in the event of a divorce. Although it is not romantic to think about divorce before your wedding day, it is always best to be prepared and invest in a prenuptial agreement.

But what if you missed out on signing a prenuptial agreement? Not to worry, there is another agreement you can enter into that our family solicitors in Amersham can draw up for you and your partner.

What is a postnuptial agreement?

A postnuptial agreement is very similar to a prenuptial agreement, except it is entered into by the couple after they have married. Unlike a prenuptial agreement that has to be complete 21 days before the marriage ceremony, a postnuptial agreement can be entered into at any time after the marriage certificate has been signed.

In a similar vein to a prenuptial agreement, a postnuptial agreement is not considered a legal document within the UK. However, if the worst-case scenario should happen, it is a useful document to have to hand. Our family solicitors in Amersham have extensive experience drawing up postnuptial agreements and can advise you on what you need to include within the document to ensure less stress should you divorce. Similarly, if you have a postnuptial agreement in place, our family solicitors in Amersham will be able to help you defend it in a divorce court, to ensure you get your share.

Benefits of a postnuptial agreement

Even if you and your partner are happily married, it may still be worth investing in a postnuptial agreement, even if you never need it.

Protection

It may seem ultimately harsh, but a postnuptial agreement provides an effective and reliable way for each partner to define which assets they wish to have in the event of a divorce.  If you purchased your car for example, you will probably want to keep it, but without a postnuptial agreement, if a divorce occurs, you may end up losing it.

Amicability

Divorces are stressful and many couples feel an amount of spite towards their former partner when going through one. When you enter into a postnuptial agreement, you and your partner are in an emotionally better place, with no spite. This is the best place to be when dividing up your assets, as emotions like anger will not cloud your judgement.

Liabilities

In a similar vein to highlighting which assets you wish to keep, a postnuptial agreement highlights responsibility for other things too. If your partner has debt, without a postnuptial agreement, you may end up paying their debts off, but with a post-nup, they are liable to pay off their own debts.