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10.08.2018

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Is it too late to sign a prenup agreement if I’m already married?

There are many reasons why many people opt not to enter into a prenup agreement.  It can seem far from romantic to be agreeing what you and your partner would like to happen to your assets if you were ever to go your separate ways in the future, at the same time as planning to spend the rest of your lives together.

 

However, once the wedding is over, it is not unusual for couples to come and see us to ask if it is still possible to enter into a prenup agreement.

 

Prenup agreement, by their very definition, can only be entered into before marriage. For those who are already married and want to enter into an agreement about what should happen to their assets if they were to divorce in the future, a post-nuptial agreement may be a suitable alternative.

 

prenup agreements

 

What is a post-nuptial agreement?

A post-nuptial agreement is like a pre-nuptial agreement, in that it is an agreement about what would happen to each spouse’s assets if they were to divorce.

 

The key difference is that a post-nuptial agreement is entered into after a couple has been married, whereas a prenup agreement is entered into before marriage.

 

Just like prenup agreements, post-nuptial agreements are not legally binding in England and Wales.

 

Post-nuptial agreements should be entered into correctly

Independent legal advice

Both you and your spouse should receive independent legal advice before you sign any agreement. Without this, your spouse could, for example, argue that they didn’t fully understand the implications of what they were signing and that a court should therefore not enforce the agreement.

 

No undue influence

Post-nuptial agreements must be signed voluntarily. If there was any undue pressure from one party, a court may not enforce the agreement.

 

Full financial disclosure

If you and your spouse do not fully disclose your finances to each other, less weight could be given to your post-nuptial agreement should you ever divorce.

 

Post-nuptial agreements should be fair

If a judge thinks that enforcing your post-nuptial agreement would be unfair, they may decide not to do so.

 

Provisions for change of circumstances

Including provisions for review should your circumstances change by, for example, having children, is also a good idea if you want to ensure (as best you can) that your post-nuptial agreement would be enforced in the future.

 

Even though these prenup agreements are not legally binding in England and Wales at the moment, entering into them correctly can help to give your agreement the best chance of being enforced by a judge in the future, should you ever need it to be.

 

Although pre and post-nuptial agreements can appear to be unromantic, entering into one can help to make the divorce process less time-consuming and stressful if you were ever to separate in the future.

 

How can our expert divorce solicitors help you?

Our expert divorce solicitors can help you with a range of legal issues:

 

Contact our expert divorce solicitors for divorce advice

For more information call our divorce solicitors on 0845 862 5001 or email mail@austinkemp.co.uk.

 

Our expert divorce solicitors offer a nationwide service. We have client meeting office facilities available, in order to have face-to-face client meetings / conferences as and when required in our:

Leeds Office: Princes Exchange, Princes Square, Leeds, LS1 4BY

Sheffield Office: Pinfold Street, The Balance, Sheffield, S1 2GU

Manchester Office: King Street, Manchester, M2 4PD

Wakefield Office: Market Walk, Wakefield, WF1 1QR

Canary Wharf Office: 25 Canada Square, Canary Wharf, London, E14 5LB

London Office: 01 Nothumberland Avenue, Trafalgar Square, London, WC2N 5BW

Please contact us for more details.

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