• Pre/Post-Nuptial Agreements – they are all the same aren’t they?
  • What are the criteria for these to be binding?
  • We have just got back from our honeymoon and life together is so much better than my first acrimonious marriage. The last thing I need is to be involved with solicitors.
  • Are these totally binding?
  • What if there is a change of circumstances?
A Post-Nuptial Agreement covers the same issues as a Pre-Nuptial Agreement but is entered into after the marriage and in the 2008 case of MacLeod v MacLeod senior Judges said that in many cases, such agreements will be binding.This is a significant recent development.

If, after the marriage ceremony, a couple sign an agreement which is designed to regulate the terms of any financial settlement if they divorce, the court will hold them to it provided that there has been:-

  • Separate independent legal advice – preferably from a specialist family law solicitor.
  • Full and frank financial disclosure by each party of their respective financial circumstances.
  • Special care regarding children, for example, reviewing the agreement when a child is born.
  • No undue pressure brought to bear on the other.
  • Periodic reviews of the agreement, for example, every five years.

This development means that married couples can sign an agreement at any time during their relationship which, in the event of a separation, will regulate the financial terms of their settlement.

This also applies to couples who have entered into a Civil Partnership. Again, this developing area of law means that couples can sign a Post-Civil Partnership Agreement at any time during their relationship which, on separation, will regulate the financial terms of their settlement.

There are very few solicitors who specialise in Post-Nuptial and Post-Civil Partnership Agreements. Although with the case of MacLeod v MacLeod they are becoming more popular, it is still a relatively uncommon area of the law. John C. Turner of Blackdown Family Law Solicitors has had valuable experience of drafting both types of agreements and would be happy to advise you if you are considering such an agreement.

Areas of Family Law Work
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