Introduction to post-nuptial agreements (postnups)
Vardags made history in 2010 as the landslide victors in the Supreme Court case of Radmacher v Granatino which changed the law on prenuptial agreements in England and Wales so that they are now enforceable unless unfair. In this case it was also held that agreements reached after the date of the marriage known as postnuptial agreements carry identical weight through the courts. It has therefore become increasingly common for parties to formalise their financial arrangements and promises to each other after their marriage to allow them a greater level of certainty and autonomy in the event of permanent separation or divorce. These agreements, together with prenuptial agreements, should be frequently reviewed with the benefit of legal advice throughout the marriage in order to ensure that they remain fair in the parties’ changing circumstances. Prenuptial and postnuptial agreements are commonly reviewed upon the occurrence of significant events such as the birth of a child, one party’s retirement, a fundamental change to the relationship or a shift in either party’s financial circumstances or if a prenup cannot be prepared in good time before the wedding. For more details please see our guide to post-nuptial agreements.
How Vardags can help with post-nuptial agreements (postnups)
Vardags is a top family law firm for postnuptial agreements. Arranging a postnuptial agreement can be relatively rapid and can be prepared at any time after marriage. If you have recently got married or are wishing to formalise your financial arrangements with your spouse, a postnuptial agreement is highly recommended. As with prenuptial agreements a postnuptial agreement will allow both parties the opportunity to protect their individual or inherited assets and agree the level of financial provision that should be made in the event of permanent separation or divorce. Such an agreement may equally be considered where a relationship breakdown is considered to be on the horizon, or simply to provide peace of mind for the future. The process is delicate and we handle it diplomatically and respectfully without losing sight of the marriage that it is designed to support. As with prenuptial agreements both parties give financial disclosure and then detailed discussions take place regarding what would be considered a fair financial settlement in the event of divorce. Ordinarily, one party will instruct solicitors to prepare a draft agreement for the other to consider with their own solicitor before negotiations commence. We also conduct reviews of existing agreements as required in that agreement or to check enforceability.
The first step is to arrange a meeting with one of our solicitors. Therefore, please call us on 020 7404 9390 or email us to make an appointment to come and see us.