A post-nuptial agreement is a contract signed after a marriage, setting out what should happen in the event the marriage doesn’t work.
- Postnuptial agreements have increasingly been given more weight and consideration by the courts.
- The Supreme Court have recently said that, subject to certain requirements being met, pre-nuptial agreements should bind parties unless it would not be fair to uphold the agreement. The same approach is likely to apply to post-nuptial agreements
- Postnuptial agreements are likely to be upheld by the Courts as long as they are deemed to be fair and do not prejudice the reasonable requirements of any children of the marriage.
We take a solution-focused approach to helping you put in place a post-marriage agreement:
- We will look at all the issues that may impact on the terms of the postnuptial agreement, and their importance to you and advise how to address these in the most appropriate, sensitive and cost-effective way.
- We aim to adopt a non-adversarial approach to resolving matters and encourage use of the Collaborative model.
- We will consider the options, provide you with guidance and advice and signpost you to other third parties to assist you through the process.
Why should I consider a Postnuptial Agreement?
- When you want to protect pre-acquired assets or wealth;
- To manage the risks, costs and uncertainty of relationships breaking down;
- To minimise the risk of arguments in court if the relationship were to break down and reduce the potential for unpredictable outcomes;
- If you have been in a previous relationship or where there are children from previous relationships to consider;
- To meet the requirements of relatives or trustees of family trusts;
- To reinforce the terms of a Prenuptial Agreement; secured before you were married;
- For peace of mind.
What process is most appropriate to negotiate a Postnuptial Agreement?
The Collaborative Law Model may be the ideal forum to ensure the discussions are transparent, open and focused, thereby avoiding any feeling of mistrust. Our team of family specialists will advise you on the most appropriate route to negotiating a postnuptial agreement.