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Postnuptial Agreement Solicitor
A postnuptial agreement is made after marriage to record financial intentions, often following a change in assets or family circumstances. It may help a couple clarify their position while remaining together. It is not the same as a divorce consent order, and signing it does not remove the court's responsibility to consider a fair financial outcome.
Sources checked on . This general information does not assess your individual circumstances.
Why consider an agreement now?
Highfin's published material identifies inheritance, business changes and family gifts as possible reasons for considering an agreement after marriage. Begin by explaining what has changed and what each person wants the document to achieve.
An agreement made while planning a continuing marriage differs in purpose from terms negotiated to deal with an immediate separation. Identify which situation applies before choosing the document.
Update the financial picture
Use current information rather than simply copying figures from an earlier prenup. Consider the assets, debts and income now held, any new responsibilities and how proposed terms would affect each person's future position.
Identify the origin and ownership of relevant property and any uncertainty about value. If the proposal concerns a business or pension, ask whether specialist input is needed before agreeing figures.
- Current financial records and any earlier nuptial or separation agreement.
- Documents relevant to gifts, inheritances or changed ownership.
- Housing requirements, regular costs and caring responsibilities.
Understand the proposal without pressure
Marriage does not remove the need for each person to understand the document. Independent advice and space to consider alternatives help distinguish a considered agreement from a signature obtained through dependency or pressure.
Explain concerns about financial control, threats or incomplete information privately to your adviser. A reconciliation discussion or family deadline should not be treated as proof of free consent. The court can examine the circumstances in which the document was made.
Its weight in later proceedings
Radmacher's approach applies to agreements made both before and after marriage: the parties' informed choices matter, but fairness remains central. A postnuptial label does not make every financial term conclusive.
Where an agreement falls within the statutory provisions on maintenance agreements, sections 34 and 35 may also be relevant. The precise terms, any application to alter them and the court's wider powers need assessment; it is inaccurate to promise that no court can revisit the arrangement.
Build in a considered review
Changes in health, work, caring responsibilities or family composition can make an old financial plan less suitable. Discuss review events and how updated information would be exchanged, rather than assuming the original figures will always be appropriate.
The statutory financial factors remain relevant on divorce, including needs and contributions. Children and their circumstances cannot be ignored because an earlier document anticipated a different future. A review clause is a planning tool, not a guarantee of the outcome.
When a court order is needed
If the marriage is ending and financial terms have been agreed, consider whether they should be put before the court as a consent order. A postnuptial agreement does not itself become that order: financial information, appropriate drafting and court scrutiny remain distinct steps.
Ask Highfin to review the purpose of the proposed agreement, earlier documents and the assistance available. Any work on negotiation, drafting, court proceedings or implementation should be expressly agreed; no particular fee, funding arrangement or result is promised.
Official guidance
- Explain what has changed
- Identify why an agreement is being considered now and bring earlier documents alongside the current financial information.
- Agree advice and review arrangements
- Clarify whose interests the adviser represents, the intended work and charges, and how any later review would be handled.
Frequently asked questions
Your questions
Must we be separating to make a postnuptial agreement?
No. It can address financial intentions during a continuing marriage. If separation is already planned, the appropriate advice and document may differ.
Does an existing prenup remove the need for fresh information?
No. An update should consider current finances and circumstances, including what has changed since the earlier document.
Is an agreement signed after marriage stronger simply because of its date?
The date alone does not determine its weight. The circumstances, understanding of the terms and fairness need assessment.
Can a postnuptial agreement replace a financial consent order?
No. A private agreement and an order approved by the family court are distinct. The appropriate court process must still be followed when seeking an order.
Will a review clause automatically change the terms after a child is born?
That depends on the wording. A trigger for discussion is not necessarily an automatic variation, and any revised agreement still needs careful consideration.
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