I’m thinking about getting a post-nuptial agreement. Will it protect my assets, even at the end of a long marriage?

Post-nuptial agreements are agreements entered into after a marriage or civil partnership has taken place. They can carry significant weight in the courts, similar to pre-nuptial agreements, but they are not automatically legally binding or fully enforceable.

The court may uphold a post-nuptial agreement where both parties entered into it freely, with a full understanding of its implications, and where it would be fair to hold both parties to the agreement.
This is why it is important for both parties to obtain independent legal advice before entering into such an agreement. A specialist solicitor should draft your post-nuptial agreement to give it the best possible chance of being upheld by the court and to help ensure that the terms remain appropriate in light of future changes in circumstances.

It is important that your post-nuptial agreement is reviewed regularly to ensure it continues to meet both parties’ needs and remains fair. For example, it may be appropriate to review the agreement if you have a child or experience a significant change in financial circumstances.

It is also important not to rush into any post-nuptial agreement. Both parties should have sufficient time to consider the terms carefully and provide full and frank financial disclosure. Failing to take legal advice or properly disclose financial information may reduce the likelihood of the agreement being upheld by the court.