As the name would suggest, a postnuptial agreement is one that is drawn up between spouses or civil partners after they have cemented their bond. It lays out how their assets and property, possessions and other wealth will be split in the event of divorce, separation, death or other circumstance.
Agreements must be fair, meaning that it must be clear that neither party will be left at any disadvantage. As such, a court will look at each agreement on its own merit, including the process of how it was drawn up and how it was agreed upon. Ensure you are not left at any disadvantage by finding a postnuptial agreement solicitor with Simply.Law today.
The legal status of postnuptial agreements
Postnuptial agreements are relatively new to the UK legal landscape. In fact, although couples in the UK have been drawing up these agreements for over a decade, they only became legally recognised with a 2008 Privy Council judgment. As such, since this date postnuptial agreements have regularly been upheld by courts.
The content of a postnuptial agreement
Postnuptial agreements (also known as marital property agreements) are likely to contain extensive information regarding a couples’ income, assets and debts as well as lists of personal and jointly owned possessions and property.
They are likely to also make reference to Wills, possible maintenance arrangements on separation and other essential matters such as insurance, pensions, care and medical treatment.
Jurisdictional considerations
Just as with business, sport and just about every other facet of life, families are increasingly global. This means that more than ever before parties to a marriage are likely to be from different countries and/or to move between residences in different countries.
Because of this, postnuptial agreements may seek to state under which jurisdiction a divorce should be heard in the event the couple separate. Such jurisdictional considerations can have profound ramifications upon separation or divorce settlements.
Protecting assets
Postnuptial agreement solicitors can draw up agreements designed to protect assets or inheritance in the event of divorce or separation. This may be particularly important to people looking to prevent a business from being financially compromised by a divorce or separation.
The importance of legal advice
Before embarking on any form of pre or postnuptial agreement, it is essential that both parties secure independent legal advice from an experienced postnuptial agreement solicitor.
In the vast majority of cases, the solicitors to each party should come from different firms; this should help prevent any conflict of interest, perceived or otherwise.
Postnuptial agreement solicitors with Simply.Law
Finding an independent and experienced postnuptial agreement solicitor can make all the difference to your present state of mind and possible future financial security.
By choosing to find a family law specialist with Simply.Law you can be assured of clarity and confidence by securing the help of a proven expert in this field. Our members in this field come from all over the country and from many different firms, meaning that you, as a couple, can be put in contact with family lawyers to suit your circumstances and legal advice needs.
Browse through our solicitor profiles today or try our client-solicitor matching service.
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