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Postnuptial agreements: protect your assets and your future
A postnuptial agreement can help protect your finances, property and family interests if your relationship breaks down.
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Overview
Creating greater clarity and certainty for the future
What are postnuptial agreements?
A postnuptial agreement can protect your finances, property, and family interests if your relationship breaks down. More couples are choosing postnuptial agreements as part of sensible long-term financial planning, especially when children, businesses, or inherited wealth are involved.
Postnuptial agreements are created after marriage or a civil partnership and clearly set out how assets and financial support will be divided if the relationship ends. Having a clear, properly drafted agreement can reduce uncertainty, prevent conflict, and give both parties peace of mind. Courts will uphold postnuptial agreements that are fair and legally sound.
What does a postnuptial agreement cover?
- property
- savings
- debt
- income
- business ownership
- inheritance
- maintenance
- pensions.
Are postnuptial agreements legally enforceable?
Postnuptial agreements are not automatically binding, but courts will often uphold them where they are properly prepared and considered fair. The agreement must meet both parties’ needs and properly consider the welfare of any children. It should also:
- be created voluntarily by both parties
- have full financial disclosure
- be drawn up with independent legal advice.
Why do couples choose to make a postnuptial agreement?
There are a number of reasons to create a postnuptial agreement, but often if the assets within a marriage or partnership are complex, then it can give clarity about what each partner should be entitled to and how to make a fair division in the event of family breakdown. These circumstances include:
- When there has been a change in income or an inheritance that has an impact on the family’s financial position.
- To help protect assets such as a family business, inheritance or property acquired before the relationship. To ensure children from a previous relationship are protected financially.
- If you have already separated from your partner and are considering divorce.
Tees have an excellent reputation locally for providing commercially minded and sensible advice.
Helping you plan with greater confidence
You’ll receive clear advice and carefully drafted agreements designed to:
- Protect family assets.
- Clarify financial arrangements.
- Safeguard children’s interests.
- Reduce uncertainty if your relationship ends.
- Create an agreement that 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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When a substantial inheritance entered a long-standing marriage, careful planning was needed to protect wealth without undermining fairness. This case study shows how a thoughtfully negotiated post-nuptial agreement can balance both parties’ interests, safeguard financial security, and preserve family harmony.
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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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But we can help you wherever you are in England and Wales.
Nuptial agreements are becoming an increasingly practical way for couples to plan for the future. Whether entered into before or after marriage, these agreements can help protect pre-marital assets, family wealth, and business interests while providing clarity about how finances would be handled if the relationship ended. In this article, we explain how prenuptial and postnuptial agreements work in England and Wales, when courts are likely to uphold them, and why more couples are choosing to put one in place before saying “I do.”
Our experience in post nuptial agreements
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Frequently asked questions
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Postnuptial agreement FAQs
What is a postnuptial agreement?
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.
Are postnuptial agreements legally binding in the UK?
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.
Why would you need a postnuptial agreement?
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.
What can be included in a postnuptial agreement?
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.
How is a postnuptial agreement different from a prenuptial agreement?
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.
How long does it take to put a postnuptial agreement in place?
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.
Can a postnuptial agreement be changed?
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.
How much does a postnuptial agreement cost?
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.
