I’m thinking of entering into a post nuptial agreement. Are they legally binding?

Post-nuptial agreements can carry significant weight in the courts, similar to pre-nuptial agreements (which are entered into before marriage), but they are not automatically legally binding.

This often comes as a surprise to people. In the landmark Supreme Court case of Radmacher v Granatino, the court confirmed that nuptial agreements may be upheld where both parties entered into the agreement freely, with a full understanding of its implications, unless it would be unfair to hold them to the agreement.

To give a post-nuptial agreement the best possible chance of being upheld, it should be properly drafted and both parties should obtain independent legal advice before entering into the agreement.
It is also important that both parties provide full and frank financial disclosure before the agreement is signed.

A post-nuptial agreement should be reviewed regularly every 3-5 years to ensure it continues to reflect both parties’ circumstances and remains fair. For example, it may be sensible to review the agreement if you have children or if there is a significant change in financial circumstances.
Where an agreement has been properly entered into and remains fair at the time it is considered by the court, it is more likely to be upheld.