What is a post-nuptial agreement (PNA)?
How does a post-nuptial agreement differ from a pre-nuptial agreement?
While both agreements serve similar purposes, a pre-nuptial agreement is made before marriage, whereas a post-nuptial agreement is made after the marriage or civil partnership.
What should be included in a post-nuptial agreement?
A post-nuptial agreement should include:
- A list of all assets and debts
- Provisions for the division of property
- Financial arrangements, such as spousal support
- Any other relevant financial matters
Can a post-nuptial agreement be challenged in court?
Yes, a post-nuptial agreement can be challenged if it is deemed unfair, if there was a lack of disclosure, or if one party was coerced into signing it.
Do both parties need separate legal advice?
Yes, it is advisable for both parties to seek independent legal advice to ensure that the agreement is fair and that both parties fully understand the terms.
How can a post-nuptial agreement be modified?
A post-nuptial agreement can be modified if both parties agree to the changes. It is recommended to document any modifications in writing and have them signed by both parties.
What are the benefits of having a post-nuptial agreement?
The benefits include clarity in financial arrangements, a certain level of protection of individual assets, and potentially reducing conflict in the event of a divorce. Knowing there is a plan in place can reduce anxiety and stress, allowing couples to focus on their relationship rather than potential financial conflicts. Couples can tailor the agreement to fit their unique circumstances, addressing specific concerns or future financial arrangements.
Post-nuptial agreements
A post-nuptial agreement is a document that regulates a couples financial arrangements, it sets out their intentions as to how any assets should be divided if the relationships breaks down. A Post Nuptial Agreement can be made at any point following a marriage or civil partnership.
Its important to note that they are not legally binding under English Law, however, they are a factor that will be considered by the court in the event of relationship breakdown.
For a straightforward assessment of whether a post-nuptial agreement is right for you then contact one of our experienced Family Law team via 01535 662644.
