Postnuptial Agreements
A postnuptial agreement or postnup — is an agreement made after a couple marries — it is a valuable legal tool for wealthy individuals wishing to have financial certainty in a marriage. While similar in effect to a prenuptial agreement, it can be particularly useful when financial circumstances change or when a prenup wasn’t signed.
Wealth can grow substantially after marriage — through business success, inheritance, or investments. A postnup allows high-net-worth individuals to ring-fence assets after those assets are acquired, providing clear terms for division in case of divorce.
Why choose a postnup?
✔️ Protect business interests
✔️ Safeguard personal and family assets
✔️ Clarify financial expectations
✔️ Reduce future conflict and legal costs
Strengthening Legal Certainty
Since the Radmacher v Granatino case in 2010, courts in England and Wales are far more likely to uphold nuptial agreements if:
- Both parties received independent legal advice
- The agreement was entered into freely and with full disclosure
- The terms are fair and meet basic needs
A postnup done correctly can offer substantial legal certainty, especially when combined with estate and tax planning.
Protecting and Ringfencing Wealth Accumulated During the Marriage
Wealth can grow substantially after marriage — through business success, inheritance, or investments. A postnup allows high-net-worth individuals to ring-fence assets after those assets are acquired, providing clear terms for division in case of divorce.
Financial situations evolve. A postnup can update or reinforce an existing prenup — for example, after the birth of children, a business sale, or a change in residence. Courts may give a well-drafted postnup more weight than a decades-old prenup.
For individuals expecting or receiving significant inheritances, or those involved in family businesses or trusts, a postnup can clearly separate personal or inherited wealth from matrimonial assets. This is especially popular where families have children from previous relationships and a party wishes to specifically ringfence an inheritance for those children.
Rebuilding Trust After Marital Issues
Some couples use postnups as part of reconciliation after a separation, affair, or financial dispute. It can provide reassurance and transparency for both spouses going forward.
Whatever your reason for a postnup you can be assured that our team will listen and assist you in a non-judgemental way.
Interested in a postnup? We’re here to help!
We want to know your needs exactly so that we can provide the perfect solution. Let us know what you want and we will provide a Fixed Fee service.
