Post-Nuptial Agreements

Post-nuptial agreements are much the same as pre-nuptial agreements with the obvious difference that they are entered into after a couple have married instead of before.

As a result of a landmark case in 2010, where both parties to the post-nuptial agreement have entered into it voluntarily, without undue pressure and have been fully informed of its implications, then the Court should give effect to the terms of that agreement unless there are circumstances which would make it unfair to do so.

It has become increasingly common for couples to formalise their financial arrangements after their marriage to allow them a greater level of certainty and autonomy in the event of permanent separation or divorce.

If you already have a pre-nuptial or post-nuptial agreement, you should seek legal advice on its terms when significant events such as the birth of a child occur.

See also our section on Pre-Nuptial Agreements.