An increasing number of couples are entering into post-nuptial agreements, sometimes many years into their marriage, to set out exactly who gets what if they divorce.
The rise in second marriages and more complicated family structures is undoubtedly a contributing factor with solicitors seeing around four times as many couples seeking post-nuptial agreements, known as post-nups, as they did five years ago.
Ayesha Vardag, one of Britain’s leading divorce lawyers, signed a post-nup with her husband declaring it ‘a very pubic celebration of our independence and love for each other’ and many couples now view it as a kind of life insurance for their marriage.
Reasons for wanting a post-nup
Sometimes, couples seek a post-nup because there was not enough time before their wedding to prepare a detailed and considered pre-nuptial agreement. Other key reasons include when:
Divorce courts do not have to be bound by the terms of a either a pre-nuptial or a post-nuptial agreement but in practice, they are doing so more and more often.
An important case, McLeod v McLeod in 2008, when the court found that a post-nup was ‘valid and enforceable’, has also set a precedent.
To ensure, as far as possible, that a post-nup is legally binding it’s important that: