Postnuptial Agreements

At Bennett Griffin LLP, we understand that every marriage or civil partnership is unique, and so are the financial landscapes within them.

Our dedicated Family Law team in West Sussex can guide you through this important legal process with expertise, compassion, and unwavering commitment.

A postnuptial agreement can bring clarity, security, and peace of mind to your relationship, addressing crucial financial matters with precision and care.

Our tailored approach and years of experience help couples navigate this sensitive terrain, ensuring your agreement is not just a legal document but a testament to your mutual understanding and respect.

Contact our team today to see how we can help.

What Is A Postnuptial Agreement?

A postnuptial agreement, often called a “postnup,” is a legally binding contract created between spouses or civil partners after the marriage or civil partnership has already occurred.

This agreement is a comprehensive roadmap outlining the division of assets, financial responsibilities, and other crucial matters should the relationship end due to divorce or separation.

Similar in many ways to prenuptial agreements, postnuptial agreements are designed to provide clarity, security, and structure to your financial arrangements, all while adhering to the legal framework established by the UK.

Why Get A Postnuptial Agreement?

A Postnuptial Agreement may not be right for everyone, but these agreements are designed to provide clarity, security, and structure to both parties’ financial arrangements, all while adhering to the legal framework established by the UK.

Parties can draft the Postnuptial Agreements as to how best to suit them.

There is no set way how to do a ‘correct one’.

Here are some options to consider if you are thinking of starting one:

• Financials
  Postnuptial agreements offer a clear financial framework for your marriage or civil partnership. By specifying each party’s financial rights and responsibilities, these agreements can help prevent disputes and misunderstandings.
• Asset Protection
  If you have acquired significant assets during your marriage, such as a business, real estate, investments, or other valuable property, a postnuptial agreement can protect these assets in a divorce or separation.
• Estate Planning
  Postnuptial agreements can serve as a crucial component of estate planning. By defining how your assets should be distributed in the event of a divorce or your passing, you can ensure that your wishes are honoured.
• Marital Harmony
  While discussions about finances can sometimes lead to disagreements, a well-crafted postnuptial agreement can actually enhance marital stability. It provides both parties with a sense of security and predictability, potentially reducing financial-related stress within the marriage.
• Changing Circumstances
  Life is dynamic, and circumstances can change over time. You may have experienced a significant increase in your wealth, a change in business ownership, or have children since your marriage. In such cases, a postnuptial agreement can help address these new developments and ensure they are properly accounted for in your financial arrangements.
• Protection for Both Spouses
  Postnuptial agreements are not solely about protecting the interests of one spouse. They can be a mutual agreement that safeguards the financial futures of both parties. By outlining the terms of the agreement together, couples can ensure that the division of assets is fair and reasonable.
• Modification of Prenuptial Agreements
  If you already have a prenuptial agreement in place but wish to modify it or address new concerns that have arisen during your marriage, a postnuptial agreement can serve this purpose. Life circumstances evolve, and a postnup allows you to adapt your financial arrangements accordingly.

Why Choose Bennett Griffin?

Bennett Griffin offers you the expertise of our dedicated Family Law team here in West Sussex.

With deep knowledge of postnuptial agreements and family law matters, we provide the guidance you need to ensure your agreement is legally sound.

We take the time to understand your specific needs and concerns, tailoring your postnuptial agreement accordingly.

With Bennett Griffin, you can have peace of mind, knowing that your postnuptial agreement is professionally drafted and designed to protect your financial interests.

We have two offices in West Sussex:

• Family Law Solicitors in Worthing
• Family Law Solicitors in Chichester

You can email info@bennett-griffin.co.uk or call our Worthing office on 01903 229999 or our Chichester office on 01243 256370.

Postnuptial Agreement FAQs

Are postnuptial agreements legally binding?

Postnuptial agreements are usually legally binding in the UK. However, if parties do not provide full disclosure of their assets, then the Court can choose to ignore the terms of the Agreement. It is essential that there is fairness between the parties.

Before signing the Post-Nuptial Agreement, you should have a conversation with your partner about what to include and make sure you are both happy, as you wouldn’t want to sign this document without being certain.

What should be included in a postnuptial agreement?

Postnuptial agreements typically cover financial matters, such as asset division, spousal support, and debt allocation. It can also address other topics, including childcare arrangements. The specifics will depend on your unique situation, and our legal experts will help you tailor the agreement accordingly.

Do I need a postnuptial agreement if I already have a prenup?

Life circumstances change, and a postnuptial agreement can address new assets or concerns that have arisen since the prenup was signed. However, you can use a postnuptial agreement to confirm your position in your pre-nuptial once you are married.

How long does it take to prepare a postnuptial agreement?

The time required to prepare a postnuptial agreement can vary based on the complexity of the agreement and the willingness of both parties to cooperate. At Bennett Griffin, we will have open and honest communication with you about the realistic timelines of preparing a postnuptial agreement.