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A Postnuptial Agreement is a document entered into by a couple after they have got married, setting out how they wish to divide their assets in the event of a divorce.
This type of agreement may be useful if a triggering event has occurred from a Prenuptial Agreement (Prenup), such as an anniversary upon which the couple agreed to review their agreement, or a life-changing event such as the birth of a child or a change in health.
There is no difference in legal status between Prenuptial and Postnuptial Agreements. Both are contracts that can be legally enforced. The divorce will hold ultimate discretion as to whether a nuptial agreement of any type should be upheld.
You may decide to enter a Postnuptial Agreement because there was insufficient time to do so before your marriage or if your circumstances have changed during your marriage. For example, if an unexpected inheritance is received and you wish to protect this for the benefit of children from an earlier marriage.
Certain requirements must be met for the court to uphold a nuptial agreement:
At Birkett Long we have a large team of specialist family law solicitors who would be happy to discuss how we can help you.
Contact one of the team for a free 15 minute consultation.