Everything you need to know if you are considering a post-nup

A postnuptial agreement (post-nup) is an agreement between a married couple about what would happen in the event of divorce; primarily addressing the financial claims that may arise on divorce.

When considering a financial claim on divorce even in the presence of a post-nup the starting point is section 25 of the Matrimonial Causes Act 1973 which obliges a judge to consider all the relevant circumstances of the case when deciding how to divide the parties' finances.

Interestingly no agreement between the parties can override the legislation or prevent a judge from deciding on the appropriate division of assets on a divorce. This means a post-nup cannot stop a spouse applying to the court for financial provision from the other spouse. In addition any waiver of the right to apply to the court for financial provision in an agreement will not be effective. In short post-nups are not binding. However that is not to say that they are not a highly effective wealth management tool as in the vast majority of circumstances they will be followed and upheld.

In practice the existence of a post-nup is...

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