We help protect your future - after you’ve tied the knot.
If you have a prenuptial agreement that no longer matches your needs or you never made one, it’s not too late. A postnuptial agreement offers the same protection and can be made at any time during a marriage.
Our expert postnuptial agreements solicitors will review your current family situation and financial circumstances, as well as any changes you are anticipating. We can then give tailored advice to create the right postnuptial agreement for you.
Getting a postnuptial agreement in place often requires careful negotiation. Our team take a tactful approach to get fair postnuptial agreements in place while minimising the potential for conflict.
No matter how convoluted your circumstances or finances, we can cut through the complexities, ensuring you are clear on your rights and can feel secure about your future.
We’ll give you peace of mind.
Contact our postnuptial agreement solicitors in Northwich, Cheshire
If you’d like to discuss your legal needs with one of our postnuptial agreement lawyers today, give us a call on 01606 48777 or email info@susanhowarthsolicitors.co.uk.
Our expertise with postnuptial agreements
When to get a postnuptial agreement
If you do not have a prenuptial agreement in place, then a postnuptial agreement can be a good choice, especially if there are high incomes, high-value assets, inheritances, children from a previous relationship and/or debts to consider.
If you do have a prenuptial agreement in place, you may wish to replace it with a postnuptial agreement if your circumstances have changed significantly since your prenup was made. This might include if you have had children, received an inheritance or there has been some other substantial change to your financial or personal situation.
Negotiating the terms of a postnuptial agreement
Our postnuptial agreement lawyers can ensure you are clear about your financial rights and help you to agree with your spouse how your assets should be divided in divorce. We can keep these discussions constructive and non-confrontational, giving you the best chance of quickly getting a fair agreement in place without damaging your relationship.
Advice on a postnuptial agreement you have been asked to sign
You must have independent legal advice before signing a postnup. Our family law solicitors will be happy to review the terms of a postnup you have been asked to sign, then give clear advice in plain English on its implications for you and your loved ones. We will let you know if we consider the agreement to be fair and, if not, support you in negotiating any required amendments.
Updating a postnuptial agreement
If you have a postnuptial agreement that no longer matches your current situation or expected future needs, then our postnuptial agreement solicitors can assist with negotiating and making any necessary amends to the agreement.
The application of postnuptial agreements during divorce
Our postnuptial agreement lawyers can advise you on how your postnuptial agreement will affect the division of finances during a divorce. It may be that the agreement can be challenged if you are unhappy with its terms, especially if your financial or personal circumstances have changed since the agreement was made.
Frequently asked questions about postnuptial agreements
What is a postnuptial agreement?
A postnuptial agreement is a legal agreement that a married couple makes setting out how their assets would be divided in the event of a divorce. It can provide each spouse with certainty about their future financial security and minimise any conflict if a separation does happen. They are sometimes referred to as ‘postnups’ for short.
What should a postnup cover?
A postnuptial agreement should cover all of your combined assets, including but not limited to:
- The family home
- Second homes, holiday homes and investment properties
- Savings and pensions
- Investments and shares
- Inheritances
- Debts
You must take expert legal advice on what to include in a postnup to ensure it covers all relevant assets and that the agreed terms would meet your needs, as well as those of any children.
Is a postnuptial agreement legally binding?
Postnuptial agreements are not legally binding in England and Wales as they can be overridden by a court if necessary. However, a court will normally take a postnup into account when deciding the division of finances in divorce, as long as the agreement was properly prepared and is fair to both parties and any children.
To have legal standing, postnuptial agreement should meet various conditions, including:
- Being in writing
- Being fair to both spouses
- Making appropriate provision for any children
- Having been signed freely and voluntarily by both spouses
- Both spouses must have fully understood all implications of the agreement before signing
- Both spouses must have provided a full disclosure of their finances at the time the agreement was made
How much does a postnuptial agreement cost?
The cost of a postnuptial agreement will depend on what is required. We can typically assist with preparing a postnup on a fixed fee basis, so please speak to a member of our team for a quote.
Why Choose Susan Howarth & Co for postnuptial agreement advice?
We believe that everyone has the right to access justice and expert legal advice. This can make navigating even the most complicated family law situations much simpler and less stressful. We are very proud of our family law department, with our high-calibre solicitors having built up a fantastic reputation in the community.
At Susan Howarth & Co, we approach every case with professionalism and commitment. No client’s needs are the same, which is why we always take the time to understand what every individual needs.
Our expertise is independently recognised, including:
- Ranked as a Band 2 legal practice in the Chambers & Partners UK legal guide
- Directors Susan Howarth and Victoria Poole are both also ranked as Notable Practitioners by Chambers & Partners UK
- Ranked as a Band 3 Leading Family Law Firm in The Legal 500 directory
- Susan Howarth has been ranked as a Leading Individual for 4 consecutive years by the Legal 500 and was inducted into the Hall of Fame in 2023
- Accreditation by the Law Society for Family Law and Children Law
- Many of our team are members of Resolution, the leading professional network for family lawyers
- Year on year we gain Lexcel accreditation for excellence in practice management
- We have been winners of the Best Family and Childcare Law firm (North West) 2022 and 2023 in the AI Legal Awards
- We have been finalists of the Lexis Nexis Family Law Firm of the Year (North) for 2 consecutive years
A key benefit we can offer is our in-house family mediation service. We have a specialist Resolution-trained Family Mediator who is also a Resolution-accredited Specialist in Domestic Violence and Children Law (private) and an FMC-accredited Family Mediator (all issues).
Contact our postnuptial agreement solicitors in Northwich, Cheshire
If you’d like to discuss your legal needs with one of our postnuptial agreement lawyers today, give us a call on 01606 48777 or email info@susanhowarthsolicitors.co.uk.