The verdict comes after a multi-million dollar businessman appealed to the Justice Committee of the Council of Justice for a series of agreements before and during his marriage, which set his wife`s share of a fortune of 13.8 million pounds. If you are already married and want to try to ensure that your property or assets are protected in the event of a future divorce, then a post-nuptial agreement (sometimes called “Postnup”) is one way to achieve this. But what is a post-up? Why do I need a post-up? And is a post-marriage contract legally binding? Read on to find out everything you need to know about post-nuptial chords in our guide. After marriage, it is not necessary to cover everything you own, but usually covers the following areas: Post-marriage agreements allow you to agree on the financial consequences of a future divorce so that you and your partner can continue with your life. “The court should make effective a marriage pact freely entered into by each party, with a full assessment of its effects, unless, in the prevailing circumstances, it is not fair for the parties to maintain their agreement.” An agreement reached after marriage or registered partnership that governs the financial terms of separation, divorce or dissolution. For civilian partners, they are sometimes referred to as post-civil partnership agreements. A post-marriage contract can only be concluded and signed after the marriage (if it is before the marriage, it is a pre-marital arrangement). Many couples do not know that it is possible to reach an agreement after getting married or entering into a registered partnership. Post-marital or post-marital agreements are often used when the parties wish to confirm and/or amend a pre-marital agreement to reflect a change in circumstances and/or after the expiry of time. You must then do so with your spouse. You should approach them sensitively about it and quietly explain what you want to accomplish and why. If they do not sign the agreement, you could harm the end of your marriage.
Our national family law team has extensive experience advising and creating pre-nups and post-nups, even in the most complex and valuable cases. Following a pioneering case called Radmacher against Granatino in 2010, the law is now clear. If marital agreements are entered into freely, with a good understanding of their consequences and, crucially, are not manifestly unfair to one of the couples, they are confirmed when challenged in court. If this is done correctly, it is extremely difficult to question the terms of a post-uptial agreement. Postnups are not strictly legally binding, but they can instead be respected as marital agreements, as there is no imminent marriage date that puts pressure on the couple to register.