Post-Nuptial Agreements

The purpose of such an agreement is to set out what the parties have agreed will happen in the event that their relationship breaks down.

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As is clear from the name, a post-nuptial agreement is an agreement entered into by spouses some time after their marriage or civil partnership.

Like its close relation, the pre-nuptial agreement (see Pre-Nuptial Agreements for more information), the purpose of such an agreement is to set out in a document what the parties have agreed will happen in terms of their financial affairs in the event that their relationship breaks down.

A post-nuptial agreement is not (yet) a legally binding document in this country but if prepared properly and if a Court considers its terms to be ‘fair’ in all the circumstances (including in relation to any children), it will carry considerable weight when it comes to dividing up a couple’s assets and sorting out their financial affairs at the time of a divorce or dissolution.

At Hughes Fowler Carruthers, we took the test case of MacLeod to the Privy Council, and succeeded in establishing there the validity of the post-nuptial contract our client had signed on our advice.