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’ll do our best to help.
