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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. If you need support with this, our post nuptial agreement solicitors can help.

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.

For further information, get in touch with our postnuptial agreement solicitors today or fill in our online enquiry form and a member of our team will be in touch shortly.

 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 the 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 each 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 of any conflict over the matter. We offer two main methods of ADR – family mediation and collaborative family law.

Family Mediation

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

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.

 

Frequently asked questions about postnuptial agreements

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.

There are various reasons that you might enter into a postnuptial agreement:

  • To ensure that your business remains protected, and if required, that the business assets are kept separate from the marital assets
  • Asset protection for high net worth individuals with complicated financial circumstances
  • To make property ownership clear, including how a property bought during the marriage is split between both spouses
  • Generally, to clearly establish asset ownership to minimise disputes and conflict during a potential divorce

The benefits of entering into a postnuptial agreement are wide ranging, including protecting assets, separating debts, and for inheritance planning purposes.

If you would like to learn more, please contact our post-nuptial agreement solicitors today.

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
  • Savings
  • Inheritance
  • Investments, stocks and shares
  • Pensions
  • Business interests
  • Premium bonds
  • Trusts

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.

What cannot be included in a postnuptial agreement?

It is not possible to include matters related to child residency/custody or child arrangements. Any matters related to the children involved will be established at the time of divorce or separation, according to what’s best for the child.

It is not possible to include any decisions that could be seen as unfair or unreasonable, any agreement which contains provisions such as these would not stand up in Court.

Our post nuptial agreement solicitors can provide further guidance on this, helping you to ensure that your post-nup is legally sound.

Are postnuptial agreements legally binding and enforceable in the UK?

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.

How to get a postnuptial agreement

If you would like to get a postnuptial agreement in the UK, both yourself and your spouse will need to access independent legal advice.

You will need to discuss the agreement with your spouse, establishing what should be included, and negotiating any areas that you may have different views on.

Next you will need to provide a financial disclosure of your assets, and work with a family solicitor, who can draft the document. You may need to review and adjust the agreement before both parties are happy. Once both you and your spouse are comfortable to sign this agreement, the agreement can then be signed in the presence of an appropriate witness.

How much does a post nuptial agreement cost?

How much a post-nuptial agreement costs will vary depending on the complexity of the agreement, and therefore, the extent and level of legal support that you require.

For example, agreements that include businesses, trusts and multiple properties are likely to be more complex.

Rest assured, our experts at Crisp & Co will ensure to provide you with an accurate quote at the beginning, so that you have a clear understanding of your fees.

    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 LGBT+ 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.

    Get in touch with our postnuptial agreement solicitors

    For further information, get in touch with our postnuptial agreement solicitors today or fill in our online enquiry form and a member of our team will be in touch shortly.