Postnuptial agreement solicitors in Leeds

A postnuptial agreement is a contract entered into by a married couple stipulating what would happen with money and property in the event of divorce or separation.

A postnuptial agreement can be a prudent decision.

They can provide long-term peace of mind, clarity and security, helping you to protect your wealth and guard against potentially lengthy and costly court proceedings in the event that your marriage or civil relationship did break down.

Our award-winning family law team has decades of experience creating postnuptial agreements.

What is a postnuptial agreement?

A postnuptial agreement, or a ‘postnup’, is a formalised contract entered into by a married couple outlining how you intend finances and assets to be divided in the event of the breakdown of the marriage.

These agreements are flexible – assets covered can include savings, inheritance, property, trusts, businesses and pensions.

They can make provisions for wealth that already exists, as well as wealth that is envisaged to be received in future. They can be drawn up at any point after the marriage and may help to reduce legal costs and lengthy delays in any later divorce proceedings.

Postnuptial agreements may be entered into by a couple who wish to separate, but not petition for divorce immediately, to act as a holding position.

How postnuptial agreements work and legal considerations

A postnuptial agreement is a contract, not a court order, and therefore must follow contractual rules. These are summarised as:

• Neither party must be under duress

• The negotiations must be at arm’s length and each party must have the opportunity to obtain legal advice

• The parties must be clear about their respective financial positions – you must not be misled about your spouse’s financial position

Postnuptial agreements are therefore more legally complex than some clients anticipate – they are not automatically legally binding and their terms must be upheld by a court. The requirements of any children from the marriage must not be prejudiced.

In the event of separation or divorce or financial claims being made following death, the post nuptial agreement is contractual evidence confirming how you intended to regulate your financial affairs.

There is recent landmark case law which confirms the importance of such contracts – while the judge retains a discretion to make court orders which are different to the terms of such an agreement, this should be rarely and infrequently exercised.

Postnuptial agreements are very similar to prenuptial agreements, which are instead entered into before marriage, rather than during it. They share the same contractual rules.

Do you need a solicitor for a postnuptial agreement?

Because they are not automatically legally enforceable and their terms must be upheld by a court, postnuptial agreements require certain procedures to be followed to be deemed fair.

This makes the involvement of a legal specialist incredibly important. When drafted properly, the terms of a postnuptial agreement can be very hard to challenge – they have been given more weight in recent years by the courts.

How much does a postnuptial agreement cost?

There is no flat rate for postnuptial agreements – it depends on the value of the assets involved. Costs typically range from £1,000 + VAT for a simple agreement, to over £5,000 + VAT in complex instances.

Do I need a postnuptial agreement if I already have a prenuptial agreement?

Some couples may consider a postnuptial agreement even if they already have a prenuptial agreement – there may be concerns about the original document’s strength.

You may wish to reaffirm its terms, or there may have been changes in circumstances since the prenuptial agreement was drafted, such as an expected inheritance.

Expert legal advice around postnuptial agreements

Postnuptial agreements can be a delicate subject. Our talented family law team has decades of experience guiding couples through the process sensitively, skillfully, effectively and efficiently.

We have helped clients to draft effective bespoke postnuptial agreements of all types, including those involving significant wealth. We can:

• Give you specialist advice on postnuptial agreements tailored to your situation

• Prepare bespoke postnuptial agreements and guide you through the processes which must be observed for the agreement to be deemed fair

• Represent you in any court proceedings that may arise as a result of a dispute involving a postnuptial agreement.

Why choose Emsleys for your postnuptial agreement?

Based in Leeds at No. 6 Colton Mill, our award-winning team has decades of experience advising clients on postnuptial agreements, helping them to protect their long-term interests.

Rated as ‘Excellent’ on Trustpilot, we are recognised as a ‘Leading Firm’ in The Legal 500 and are proud to say that 98% of our customers would use us again and recommend us to others.

You can meet us in-person at our office or we can also work with you flexibly over email, phone or video call.

Get in touch with us today to discuss your postnuptial agreement requirements.