In the UK, a postnuptial agreement, or ‘postnup’, is a contract agreed by a married couple that sets out how their money and assets will be divided if their marriage ends in divorce.
In England, Wales and Northern Ireland, postnups are not legally binding, but courts generally give them significant weight and will often uphold them if certain conditions are met.
In Scotland, postnups are legally binding and must be followed by the court.
When do you get a postnup?
Unlike the more widely known prenuptial agreement, or prenup, a postnup is agreed after a couple has married or entered a civil partnership. If you are not yet married, you will need to sign a prenup instead.
There is no perfect time to sign a postnup. It can be created at any point during a marriage.
It is usually best not to create a postnup while going through relationship difficulties, as heightened emotions can make it harder to agree fair and balanced terms.
You may also be advised to sign a postnup if you already have a prenup, but your solicitor believes it may not be strong enough to rely on in a future divorce, or if your circumstances have changed since it was signed.
One of the most common times to sign a postnup is after a separation followed by a reconciliation. In that situation, it can act as a safeguard against any future breakdown of the marriage or civil partnership.
How do you get a postnup?
You can get a postnup in several different ways.
There are online services that can create a postnup agreement, ranging from simple templates to more complete legal services. These options are often cheaper, but the most common and reliable route is to instruct a solicitor, ideally one who specialises in family law.
For a postnup to be recognised by a UK court, you should make sure the following conditions are met:
- Both parties entered into the agreement willingly.
- Both parties received independent legal advice from a qualified solicitor. This helps avoid any suggestion that one person was pressured or persuaded unfairly into signing.
- There was full disclosure of all financial assets. This makes the agreement more open, honest and trustworthy in the eyes of the court. Disclosure should take place before the agreement is signed.
- Any children are not unfairly disadvantaged by the agreement. This helps make sure their legal and welfare needs are properly protected.
- A solicitor considers the agreement to be fair.
What should be included?
There are no strict legal requirements about what must be included in a postnup. You can choose to deal with any assets you want, including money, property and personal belongings.
If you are unsure what to include, read our guide on what to include in a postnup.
How much does it cost?
The cost of creating a postnup in the UK can vary depending on how you choose to arrange it. If you use a solicitor, which is generally recommended, fees can range from around £1,000 to £10,000 depending on the solicitor and the complexity of the case. This usually includes VAT and expenses.
Postnup vs prenup
As you can see, there is very little difference between a postnup and a prenup, apart from when each agreement is signed. A prenup is signed before a marriage or civil partnership, while a postnup is signed during the relationship.
A postnuptial agreement is often used by couples whose circumstances have changed during the marriage and who now want to protect assets in the event of divorce. A prenup is used when a couple want to protect assets before the marriage or civil partnership begins.
