Postnuptial agreements

Thoughtful legal advice to help couples protect assets and plan responsibly for the future.
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Overview

Planning for security and fairness within your marriage or partnership

What are postnuptial agreements?

These are legally binding documents drawn up after marriage, or during your civil partnership, which set out how assets will be divided if you get divorced or dissolve your partnership.

How can they help you?

We understand that life circumstances change, and a well-drafted postnuptial agreement can offer peace of mind, particularly in the event of a future separation or divorce all whilst prioritising children’s needs.

Our approach is grounded in understanding both your financial and personal priorities, ensuring that the agreement supports long-term fairness and stability.

Expert advice to make the agreement valid

For an agreement to be upheld (potentially in court), it must be fair, transparent and properly prepared. We ensure both parties receive clear advice and full disclosure is made.

Are postnuptial agreements legally enforceable?

Yes. Tees’ family law experts can help you create a legally valid postnuptial agreement that meets the Court’s requirements. It must be fair, considering the needs of both partners and any children. An unfair agreement, leaving one partner in financial need, is unlikely to be upheld. Given the complexity of these agreements, expert legal advice ensures the document is fair and legally sound for both parties.

Tees have an excellent reputation locally for providing commercially minded and sensible advice.

Our expertise

Our family law team will draw up a postnuptial agreement that:

  • Safeguards the welfare of your children
  • Protects your assets
  • Ensures a fair division of property
  • Stands up in court

Tees is a full-service top-tier Legal 500 firm, which offers a joined-up service for all your legal requirements. We’ll support you in all areas of family law from divorce mediation to court appearances, and prenuptial and postnuptial agreements.

Our clients range from high-net-worth individuals with complex finances to those with more straightforward needs. We also specialise in the agricultural sector, having a sound understanding of the relationship between business and personal needs.

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Tees Law does not provide Legal Aid. You can find more information here about Legal Aid and eligibility requirements.

Legal and financial advice

We have a team of in-house independent financial advisers who work closely with our lawyers to deliver all the advice you need. Our IFAs are regulated and authorised by the Financial Conduct Authority, which means we are accountable for all the advice we give.

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If you want a lawyer to take a closer look at your situation, our family and divorce lawyers are based in:

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Our experience in post nuptial agreements

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Frequently asked questions

Postnuptial agreement FAQs

A postnuptial agreement (often called a “postnup”) is a legal document entered into after a couple is married or in a civil partnership. It sets out how assets, property, income and pensions would be divided if the relationship were to end in divorce or dissolution.

At Tees, we work closely with you to ensure the agreement reflects your shared intentions and protects what matters most to you.

Postnuptial agreements are not automatically legally binding in England and Wales. However, the court will generally uphold a postnup if it has been properly prepared, is fair, and both parties entered into it freely with full financial disclosure and independent legal advice.

Our family law specialists ensure your postnuptial agreement is robust and drafted in line with the latest guidance from the courts, giving it the strongest possible standing.

Couples choose postnuptial agreements for many reasons, including:

  • Protecting inherited or family wealth

  • Safeguarding business interests

  • Clarifying financial arrangements after marriage

  • Providing certainty following reconciliation

  • Ring-fencing assets acquired before the marriage

A postnup can provide clarity and peace of mind, particularly where financial circumstances have changed since you married.

A postnuptial agreement can cover:

  • Property and real estate

  • Savings and investments

  • Business assets and shareholdings

  • Pensions

  • Debts and liabilities

  • Future financial responsibilities

It cannot override arrangements relating to children in a way that would prevent a court from considering their best interests.

The key difference is timing. A prenuptial agreement is entered into before marriage or civil partnership, while a postnuptial agreement is made afterwards.

Both documents serve a similar purpose: to provide clarity and protect assets. If you did not put a prenuptial agreement in place before your wedding, a postnup can still achieve many of the same objectives.

The timescale depends on the complexity of your financial arrangements and how quickly financial disclosure can be exchanged. On average, the process may take several weeks.

We aim to manage the process efficiently and sensitively, ensuring both parties have time to take independent advice and feel confident in the final agreement.

Yes. A postnuptial agreement can be reviewed and updated if your circumstances change, for example, following the birth of a child, the sale of a business, or a significant inheritance.

We recommend reviewing your agreement periodically to ensure it remains fair and relevant.

The cost of a postnuptial agreement will depend on the complexity of your finances and the level of negotiation involved. At Tees, we provide clear, transparent information about fees at the outset.

If you are considering a postnuptial agreement, our experienced family law team would be happy to discuss your circumstances and guide you through the process with discretion and care.