Entering into a marriage is both an exciting and significant milestone and it is easy to get caught up in the detail of planning the perfect wedding without giving sufficient thought to the actual marriage. While discussions around legal and financial arrangements may not be the most romantic aspect of wedding planning, they can provide clarity and security for the future. A well-considered Prenuptial (Prenup) or Postnuptial (Postnup) Agreement can offer peace of mind, ensuring that both parties are protected should circumstances change.
A postnuptial agreement is made after a couple has married and sets out how they would like their finances and assets to be dealt with if they separate. It is not automatically binding in England and Wales, but the court may give it significant weight.
Strictly speaking, these agreements remain unenforceable as a matter of English Law (as it is not possible to oust the jurisdiction of the court). However, since the landmark case of Radmacher v Granatino in 2010 represented by Payne Hicks Beach, led by Baroness Shackleton of Belgravia LVO with Fiona Brown who represented the husband, the case law demonstrates that, if properly drafted and subject to a number of well-established criteria, the Court is likely to uphold such agreements.
We are experts in the negotiation and preparation of prenuptial and postnuptial agreements, providing bespoke advice to align with each client’s unique circumstances.
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- PLANNING FOR MARRIAGE AND CO-HABITATION
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Navigating changes to your family structure requires specialist expertise, strategic thinking, and a genuine understanding of your situation. At Payne Hicks Beach, our experienced solicitors are dedicated to protecting your assets, your family, and your privacy while ensuring a fair and favourable outcome.
Why Choose Payne Hicks Beach for Family Law?
Recognised by Chambers HNW (Band 1) and Legal 500 for specialist expertise, strategic advice, and handling of high-complexity cases. Our partnership of experienced family law specialists ensures you benefit from the best collective knowledge in the field.
We are proficient in all areas of family law from advising in relation to nuptial agreements, dealing with complex and often international financial remedies cases and are highly experienced in all aspects of family law relating to children including regulating arrangements for their care, domestic and international relocation and child abduction. No matter how challenging your circumstances may seem, our team has the experience and sensitivity to guide and support you through every aspect of the process.
High Net Worth family law cases often require input from other disciplines, including tax planning, wealth protection, business succession, reorganisation or creation of trust structures and property arrangements. As a multi-service firm we are able to offer comprehensive support in wealth, tax, business, reputation management and private client matters delivering a coordinated strategy.
We understand that privacy and discretion are of critical importance to our clients. As well as being seasoned litigators we are also highly experienced in all aspects of Non-Court Dispute Resolution including arbitration, mediation and private hearings. We are committed to ensuring your family’s privacy and reputation are protected throughout the process.
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Frequently Asked Questions
There are many reasons why a couple may wish to put an agreement in place after they have married. Their financial position may have changed, one of them may have received an inheritance, or a new business interest may need to be considered. For some couples, it is simply helpful to have a clearer record of what has been agreed.
A Postnup gives both parties an opportunity to discuss their financial affairs openly and decide how particular assets or liabilities should be treated. This may include property, inherited wealth, business interests or assets held in trust. Although nobody enters a marriage expecting it to end, having an agreement can provide greater certainty and may help to avoid a more difficult dispute later on.
Strictly speaking, a Postnup cannot prevent the English court from exercising its discretion on divorce. It is, however, an important factor for the court to consider. Where an agreement has been entered into freely, with both parties understanding its implications, the court may give it significant or even decisive weight, provided that the outcome remains fair.
A Postnup can make provision for assets located outside England and Wales. There may, however, be additional points to consider where either party has connections with another country or expects to live abroad. In those circumstances, advice may also be required in the relevant jurisdiction and, in some cases, a separate mirror agreement may be appropriate.
Much will depend on the circumstances in which the agreement was prepared. The court will want to know that neither party was placed under pressure, that proper financial disclosure took place and that each had the opportunity to obtain independent legal advice. It will also consider whether the terms are fair and make reasonable provision for the needs of the family.
