What is a postnuptial agreement?
A postnuptial agreement is similar to a prenuptial agreement but is created after the marriage or civil partnership has begun. It can be used to address financial arrangements or changes in circumstances that may not have been accounted for before marriage. It can also be used if you’ve left it too close to your wedding date before considering a nuptial agreement, as a prenuptial agreement really needs to be completed at least 28 days before a marriage.
As with prenuptial agreements, postnuptial agreements are not automatically enforceable under English law but are increasingly recognised by courts if they are fair, properly executed with appropriate independent legal advice, and account for relevant circumstances. If there have been no significant changes to either party’s financial situation between the date of signing and a subsequent divorce, the court is likely to regard the agreement as very persuasive if a dispute arises.
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