Post-Nuptial Agreements 

Although prenuptial agreements are now becoming increasingly common, they must be entered into at least 21 days before marriage. For couples who are already married, including Civil Partners, there is an emerging trend for post-nuptial agreements. Such agreements are entered into by the couple after the marriage or Civil Partnership but before it breaks down and, can determine the division of assets and protection of wealth in the event that the marriage does break down. Post nuptial agreements do not oust the jurisdiction of the courts. However they can be very persuasive. The extent to which they will be taken into account by the court will depend on the precise circumstances surrounding their completion.

The case of NA v MA [2006] EWHC 2900 (fam) has recently provided some clarification on the factors which the courts will take into account when assessing the validity of post-nuptial agreements. The court will have regard to:

• the conduct of the parties leading up to the agreement

• the circumstances surrounding the making of the agreement

• whether one side used undue pressure or exploited a dominant position to secure an unreasonable advantage, and the other party was overborne by this pressure or influence

• the independence of the parties at the time of entering into the agreement and how they affected each other by their conduct

We can assist you in the preparation and drafting of such agreements, tailored to your specific circumstances.

Mansouri & Son Solicitors do not  handle Legal Aid or Publicly Funded cases

contact us or email us

FREE half hour consultation by phone or email - call

020 8401 7352