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

Post-nuptial agreements allow married people to have greater control over what happens to their finances in the unfortunate situation of the marriage breaking down. This is especially important for high net worth individuals with a significant amount of wealth and assets.

In the event of divorce with no pre or post-nuptial agreement, the court will look at the assets which both parties have obtained during the marriage and divide them in a way that the court decides is fair. In some cases, the court can also look at assets ‘outside of the marriage’ such as investments and wealth brought into the marriage by one party. The court can also take into account the standard of living each party had during the marriage and where there is wealth needs are often construed generously.

Post-nuptial agreements can take into account your financial situation including protecting your pension funds and investments. As long as a post nuptial agreement is entered into correctly with both parties obtaining independent legal advice and making a full financial disclosure, they enable you to have a say over how the court divides your assets.

It is important that your post-nuptial agreement is reviewed regularly to make sure it is still meeting both parties’ needs and is still fair. For example, it would be important to review it if you have a child.

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