The Fundamentals Of Post-Nuptial Agreements

post-nupial agreements
The Fundamentals Of Post-Nuptial Agreements

Although divorce rates are declining, more than 40% of marriages end in divorce (more than 100,000 couples divorce each year in England and Wales), and with one in every five men and women seeking to end their marriage having already been through one divorce, it is perhaps not surprising that more and more people are seeking to safeguard their individual positions by entering into a pre-nuptial agreement prior to marriage or securing protection by drawing up a post-nuptial agreement.

For married couples, especially those with children, drafting a post-nuptial agreement that is agreed upon by both parties as a fair statement of their preferences can save a lot of potentially detrimental stress if the relationship fails.

A post-nuptial agreement must be recognised as fair in order to be binding. The court considers the following factors while deciding whether to enforce a post-nuptial agreement:

  • the conduct of the parties leading up to the agreement;
  • the circumstances surrounding the making of the agreement;
  • whether there was undue pressure by one side or exploitation of a dominant position to secure an unreasonable advantage; and
  • the interdependence and mutual influence that existed between the parties.

The government has revealed its desire to give pre- and post-nuptial agreements legal effect. A well-drafted agreement, made freely and with the assistance of legal guidance, is highly compelling. However, such agreements do not have legal force at the moment.

Avatar of DLS Solicitors by DLS Solicitors
3rd September 2018
Avatar of DLS Solicitors
DLS Solicitors

Our team of professionals are based in Alderley Edge, Cheshire. We offer clear, specialist legal advice in all matters relating to Family Law, Wills, Trusts, Probate, Lasting Power of Attorney and Court of Protection.

All author posts
Related Posts
  • changing wills for benefit
    How to apply for Letters of Administration

    Navigate the process of applying for Letters of Administration with our comprehensive guide. Learn the steps involved in obtaining the legal authority to manage an estate without a will. Discover key requirements, documentation, and considerations for successfully applying for Letters of Administration.

  • Step-By-Step Guide: What Do I Do When Someone Dies?
    Step-By-Step Guide: What Do I Do When Someone Dies?

    Find clarity and support in the midst of loss with our comprehensive step-by-step guide. From immediate actions to long-term considerations, our resource provides practical advice to navigate the legal and logistical aspects of dealing with a loved one's passing. Trust DLS Solicitors to help you through this challenging time with compassion and expertise.

  • When to Consider a Prenuptial Agreement: Expert Advice for Couples
    When to Consider a Prenuptial Agreement: Expert Advice for Couples

    Introduction The decision to marry or enter into a civil partnership is an exciting milestone in one’s life, filled with dreams and aspirations. However, amid the flurry of wedding preparations, it is crucial also to consider the practical aspects of joining lives together. One such aspect often overlooked is the creation of a prenuptial agreement.

  • What is a Specific Issue Order?
    What is a Specific Issue Order?

    Demystify the legal intricacies of specific issue orders with DLS Solicitors. Our comprehensive guide explores the purpose, process, and implications of these court orders in family law matters. Whether resolving disputes over child-rearing decisions or other specific issues, gain clarity on how specific issue orders can provide legal resolution and guidance.