I’m thinking of entering into a post nuptial agreement. Do I need to do this?

Post-nuptial agreements can help married couples set out how they would like their finances to be dealt with if their relationship breaks down.

This can be particularly important for high net worth individuals with substantial wealth, business interests, pensions or other assets.

In the absence of a pre-nuptial or post-nuptial agreement, the court will consider the parties’ financial circumstances and determine a fair outcome based on the specific facts of the case. This may include assets acquired during the marriage and, in some circumstances, assets brought into the marriage by one party, such as inherited wealth, investments or other non-matrimonial assets.
The court may also take into account factors such as the parties’ financial needs, obligations and standard of living during the marriage.

A post-nuptial agreement can help set out how you and your spouse intend your assets to be treated in the event of divorce. While these agreements are not automatically binding, they may carry significant weight if both parties entered into the agreement freely, obtained independent legal advice and provided full and frank financial disclosure.

It is important that a post-nuptial agreement is reviewed regularly to ensure it continues to reflect both parties’ circumstances 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.