Postnuptial agreement solicitors
A postnuptial agreement is made after a marriage or civil partnership, and sets out how your finances would be dealt with if it ended. When you instruct Rushton Family Law, we advise on what your agreement should cover, prepare it, and work with your spouse’s solicitor to reach terms you can both sign with confidence.
Postnups at a glance
- A postnup is made after a marriage or civil partnership, and sets out how your finances would be divided if it ended.
- Couples often make one after a change in wealth, a move abroad, or to update an existing prenup.
- The courts apply the same principles as for prenups.
- Each of you should take independent legal advice and give full financial disclosure.
- The agreement must be entered into freely, without either of you under pressure.
Specialist Divorce and Family Lawyers
Rushton provides discreet representation for divorce, financial settlements, and arrangements for children. We treat every case with the care it deserves, without losing sight of what actually needs to get done.
When it really matters
Getting advice on a postnup
We start by understanding why you are considering an agreement now, and what you each want it to achieve. That means your current assets and income, how they have changed since the marriage, any business interests, inheritances or family trusts, and your plans for the future.
From there, we will advise you on what a fair and effective agreement looks like in your circumstances.
When couples make a postnup
Couples make postnuptial agreements for a range of reasons. The most common include:
- No time for a prenup. There wasn’t time to put one in place before the wedding.
- Changes since the wedding. A significant change in wealth, such as an inheritance, a business sale or a new shareholding.
- A move. A move to or from another country.
- A fresh start. A reconciliation after a difficult period, where the agreement gives both of you clarity.
- Updating a prenup. An existing prenup that no longer reflects your circumstances.
How a postnup is put together
The process mirrors that of a prenup. You each take independent legal advice, exchange financial disclosure and negotiate terms before signing. Because there is no wedding date to work towards, there is usually more flexibility on timing. The agreement still needs to be entered into freely, without either of you being placed under pressure. [Link: Are nuptial agreements legally binding?]
Updating a prenuptial agreement
If you already have a prenup, a postnup can update it to reflect children, a change in wealth or a move abroad. We review the existing agreement and advise on what needs to change. [Link: Pre-nuptial agreements]
Post-registration agreements for civil partners
Civil partners can make an equivalent agreement after registering their partnership. The same principles apply, and we prepare it in the same way.
RELATED SERVICES
Our Team
Our team of specialist family solicitors offer expert advice in proportion to what’s at stake for you. We advise on all areas of family law and bring the same care and high standard to every family we work with.
Amie Pine
Partner - Divorce & Family
Emma Shortland
Associate
Ella Perry
Assistant Solicitor
Samantha Patel
Legal Support Assistant
Reviews and testimonials
Firstly, Amie Pine. This particular solicitor is an absolute master of her craft. She's knowledgeable, caring, understandable, professional and always one step ahead
The second person I would like to mention in my review is Emma Shortland. Her knowledge of the law is incredible. Please don't let her age put you off, as upon those very young shoulders is a very wise head.
Amie was brilliant helping me through and managing my divorce financials both professionally and personally, cannot recommend enough, thanks again Amie!
I recently went through a difficult divorce, and I cannot express enough gratitude for the exceptional service provided by my solicitor, Amie Pine.
From the very beginning, Amie provided clear, concise guidance and her expertise, professionalism, and compassion made a significant difference during this challenging time.
Amie was always available to answer my questions, no matter how trivial they seemed, and provided reassurance during the most stressful moments.
Amie was not only a legal advisor but also a pillar of support, helping me navigate the emotional and financial aspects.
Thank you, Amie, for making a difficult time more manageable and for helping me move forward with my life.
Amie Pine has helped me get through a financially and emotionally challenging divorce with great empathy, expert advice and the utmost professionalism.
She is always responsive and worked quickly to ensure the matter progressed despite the other party's delays and unreasonable demands. Thank you Amie - it's been a real pleasure having you represent me.
Nicola and the team are the best support you could ask for at the most difficult of times.
As well as being knowledgeable, forward thinking, organised and hard-working, [Nicola] has empathy and goes above and beyond for her clients.
I feel safer and not alone, knowing that I have Nicola's support - securing her to act for me was a huge weight lifted. No matter what the result, I am confident that she will have secured the best outcome possible.
outstanding legal representation when it really matters
FAQs
The only real difference is timing. A prenuptial agreement is made before the marriage or civil partnership, and a postnuptial agreement is made after it. Both set out how your finances would be dealt with if the relationship ended, and the courts treat them in much the same way.
Postnuptial agreements are not automatically binding in England and Wales, but the courts will generally uphold one that is fair and was entered into freely. To give your agreement the best chance of being upheld, you should each give full financial disclosure and take independent legal advice before signing. The court will not uphold terms that would leave either of you, or your children, unable to meet your reasonable needs.
A postnuptial agreement can set out how property, savings, investments, business interests, pensions and inheritances would be treated if your marriage or civil partnership ended. It can also deal with maintenance and with how the family home would be divided. It cannot decide arrangements for children or override their needs.
How we work
An experienced family solicitor will run your matter from the first meeting onwards, and you will deal with them directly rather than being passed between members of a team.
Part of their job is to help you decide where your time and money are best spent. In most divorces there are points worth pressing and points that make little difference to the end result, and we will be straightforward with you about which is which.
A lot of matters are resolved through negotiation or mediation, and where that is realistic we will recommend it. Where it is not, because the other side will not engage, or disclosure is incomplete, or the issues are genuinely contested, we will advise you on taking the matter to court and act for you there.
Rushton Family Law is the sister brand of Vardags. If your case involves complex finances or international issues, we will introduce you to the Vardags team.
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