Frodshams Solicitors Wigan St Helens Warrington
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Frodshams Solicitors Wigan St Helens Warrington

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Postnuptial Agreements

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What is a Postnuptial Agreement

What is a Postnuptial Agreement?

A postnuptial agreement is a contract signed by a couple to outline what would happen in the event of a divorce. Unlike a prenuptial agreement, which is agreed upon before marriage, postnuptial agreements are written and signed after the couple is married.

Postnuptial agreements in the UK typically outline terms and conditions related to finances, covering the division of assets, inheritance, businesses, salaries, and savings in case of a divorce. They can also specify how finances are divided among any children, including those from previous relationships.

Seeking support from a solicitor offers maximum protection for your postnuptial agreement. We can ensure your agreement is drawn up fairly and with all the necessary information to safeguard your assets.

Contact our team today or call us on 01744 626 600 for an initial consultation from our supportive team of experts.

What Does a Postnuptial Agreement Include?

Postnuptial agreements primarily focus on financial matters and outline what happens to finances in the event of a divorce. The agreement typically sets out the division of:

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Assets

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Inheritance

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Businesses

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Belongings

Personal and shared

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Property(s)

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Maintenance payments

e.g., how much spousal maintenance one partner will receive from the other in the event of a divorce

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Income

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Insurances

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Debts

Postnuptial Agreements

Postnuptial agreements are personal to the individuals of the marriage, so many other elements can be included in a postnup. A Family Law Solicitor can offer advice and insight into what should be included in a postnup for your circumstances to maximise the benefits for you.

Postnups can be unexpected

A request for a postnuptial agreement can arise unexpectedly, or you may consider establishing one after a difficulty in the relationship or a change in finances.

Seeking support from a solicitor can feel overwhelming during an already unsettling time, which is why our services at Frodshams Solicitors prioritise simplicity and kindness.

Our expert team is here to guide you through the legal process and to support you personally, during what might be a challenging time in your life.

Contact us or call us today on 01744 626 600 for expert advice. We offer a free initial consultation to assist with your needs.

When Do You Need a Postnuptial Agreement?

Postnuptial agreements are a personal choice, not a necessity in marriage. They can only be established if both partners agree.

Opting for a postnuptial agreement can be beneficial, especially when one partner has significant assets, inheritance, or if children are involved.

When you have an agreement in place that you feel comfortable with, it provides peace of mind that your assets, income and children are protected if you ever experience a divorce in the future.

The benefits of a postnuptial agreement can include:

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Protect an inheritance (especially a new inheritance)

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Agree which belongings are personally and jointly owned

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Meet the requirements of relatives or family trusts

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Establish what happens to a business

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Confirm what happens to any future gains, income, or property

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Set out what happens to any debts or insurance payments

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Outline the split of assets between children during a divorce

Why Choose Frodshams Solicitors For Your Postnuptial Agreement?

At Frodshams Solicitors, we’re committed to:

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Treating your case with the empathy it deserves to ensure the legal process is as smooth and reassuring as possible.

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Guiding you to understand how a postnup can benefit you and provide the information you need to make the right choice about proceeding.

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Empowering you to have helpful conversations with your partner.

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Supporting you to understand all the facts by offering information, insight and detailed answers to all your questions.

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Safeguarding you to ensure that your postnuptial agreement is implemented and agreed upon fairly, legally and without coercion.

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Prioritising confidentiality during our discussions to ensure your queries and concerns are met with lawful professionalism, helpfulness, and compassion.

Our supportive team is here to help. Contact us or call us today on 01744 626 600 to book a free consultation for your situation.

Frequently asked Postnuptial Agreements questions

When don’t you need a Postnuptial Agreement

A postnuptial agreement isn't necessary if a prenuptial agreement already covers all current provisions for existing assets.

Postnuptial agreements are often needed when there is a breach of trust during the marriage or if one or both parties acquire new assets they want to address in the event of a divorce. In other situations, many marriages proceed without a postnuptial agreement.

A postnup cannot be implemented if one party disagrees. For a postnuptial contract to be lawful, it must be mutually agreed upon without coercion.

Do you need a solicitor for a postnup

Postnuptial agreements should be drafted by a solicitor to ensure they’re lawful and fair. While you can draft a postnuptial agreement without a solicitor, it carries risks. A postnup may not be upheld in court if it doesn’t meet legal requirements.

Seeking the support of a solicitor also ensures you get expert advice tailored to your circumstances. A solicitor can identify potential issues, highlight concerns, and offer insight into areas that might benefit from further discussion.

When faced with an unexpected proposal from your partner to implement a postnup or change an existing prenup, a solicitor can ensure the postnup offers mutual benefits that are fair to both you and your partner.

What if there’s already a prenup

A postnuptial agreement can still be created even if there is already a prenuptial agreement in place. In such cases, a postnup is used to review the existing prenup or alter the details to accommodate changes in circumstances, new assets, or amended provisions related to existing assets.

The team at Frodshams