Frequently Asked Questions
As with a pre-nuptial agreement, you will both need to provide full and frank financial disclosure and take independent legal advice on the terms of the agreement, to ensure that you are entering it freely and with all the relevant information. The agreement must be by way of a deed and must be signed by both parties.
In recent years, Judges have become increasingly minded to implement the terms of post-nuptial agreements providing that they are fair. However, you should bear in mind that the Family Court retains a wide discretion and overarching power to vary terms agreed between couples so there is no cast-iron guarantee that an agreement will be upheld.
Read our pre-nuptial factsheet for more detailed information on this topic. For any other questions, contact our Family Law team today for expert advice.
