Postnuptial Agreement Solicitors
Prepare your future for every possibility by making a postnuptial agreement. Similar to a prenuptial agreement, a postnup will set out exactly who owns what in your marriage and how finances should be divided if you decide to break up in the future.
At Crisp & Co, we offer specialist family law services to clients across the UK. We know that talking about the possibility of divorce or civil partnership dissolution is not particularly pleasant. However, postnuptial agreements (often shortened to postnups) can prevent a lot of conflict in the future.
Making decisions about how to split your finances fairly now is likely to be a lot easier than leaving it to divorce proceedings (if that time ever comes). It can also provide you with certainty that your future will be financially secure regardless of what happens in your personal life.
When negotiating a postnuptial agreement, methods of Alternative Dispute Resolution (ADR) such as family mediation and collaborative law can come in handy. Although your matter is not a dispute as such, ADR can provide a safe, neutral environment for you and your spouse to work collaboratively and air any concerns with the support and guidance of either a qualified mediator or collaborative lawyer.
What is a postnuptial agreement?
A postnuptial agreement is a document you and your spouse can create and sign after you get married. The document will set out how you both want to deal with important issues such as division of finances if you decide to divorce or dissolve your civil partnership in the future.
Our postnuptial agreement solicitors’ expertise
Our postnuptial agreement service includes:
- Advice about the law on postnuptial agreements in the UK
- Helping you decide whether a postnup is right for you
- Helping you negotiate and agree the terms of the postnup with your spouse
- Drafting a strong and clear agreement on your behalf to protect your financial interests in the unfortunate event of divorce or dissolution
- Helping you resolve any disputes which arise during the process
Alternative Dispute Resolution (ADR)
Postnups require big decisions about who owns what and how you want to split your finances if you divorce in the future. This includes things like who gets to keep the family home, how much child maintenance or spousal maintenance either party will be responsible for, and who gets to retain control of the family businesses.
Our ADR services can help you work through these decisions in a harmonious, cooperative environment, minimising the risk for any conflict over the matter. We offer two main methods of ADR – family mediation and collaborative family law.
Mediation involves attending a series of meetings with your spouse and a qualified mediator. The mediator can guide your conversation and draft your agreement on your behalf. Our team includes Henry Crisp, a trained mediator and partner of our firm.
Collaborative family law involves attending a series of meetings with your spouse and your respective collaborative lawyers to discuss your postnuptial agreement. Your lawyers are there to guide you and provide legal advice. You can also invite other experts such as independent financial advisors so collaborative law is often a good option for High Net Worth Individuals and/or couples with complicated finances. Our team includes trained collaborative lawyers, Henry Crisp and Carol Christofi.
Why enter into a postnuptial agreement?
Couples enter into postnups for any number of reasons. It can help you and your spouse get some certainty about who owns what within your relationship.
It is common for couples who have separated in the past but have decided to remain married to enter into a postnuptial agreement to protect their individuals interests.
What can be included in a postnuptial agreement?
The best place to start when making a postnuptial agreement is to make a list of all your assets, both owned solely and in joint names. You should then work through the list and decide who should get what in the divorce. The kinds of assets you should cover include:
- Real property, including the family home
- Investments, stocks and shares
- Business interests
- Premium bonds
You should also set out provisions for spousal maintenance and child maintenance. If you have children who are not provided for under the postnup, the court is more likely to view it as unfair and may not uphold it.
Are postnuptial agreements legally binding?
Technically, postnups are not legally binding. However, since a landmark court case, the courts are likely to give weight to the postnup during any divorce or dissolution proceedings provided it is fair and both parties entered into it freely after taking independent legal advice.
What is the difference between a prenup and a postnup?
The only major difference between a prenup and a postnup is the point when it is created. A prenup is made before marriage and a postnup is made after marriage.
The legal effect of the postnup is the same as a prenup – it is not technically legally binding but is likely to be upheld in court if it is fair to both parties.
The only difference for you and your spouse is that it may be slightly more emotionally difficult to enter into a postnup. Prior to marriage, neither of you has any rights to the other’s property so if you enter into a prenup you are not really “losing” anything. However, if you are already married, you will have matrimonial rights in respect of the other’s property so entering into a postnup is technically a relinquishment of legal rights.
Why choose Crisp & Co’s postnuptial agreement solicitors?
At Crisp & Co, we are specialist family law solicitors with over 20 years’ experience serving clients across London and the UK.
We offer each individual a bespoke service with advice carefully tailored to their individual circumstances. Our wide-ranging expertise includes advising High Net Worth Individuals and LGBTQIA couples in relation to postnuptial agreements, and handling postnup matters involving international assets.
We are members of the Law Society Family Law Advanced Accreditation which demonstrates our experience in specialist family law matters including cases involving complex assets and international assets.
Many of our team are members of Resolution, an organisation of legal professionals who dedicate themselves to finding constructive and harmonious resolutions to family law matters.
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