What is a post nuptial agreement for married couples?

When it comes to safeguarding your future, clear agreements can make all the difference. While many people are familiar with pre-nuptial agreements, fewer know about their close cousin – the post-nuptial agreement.

A post-nuptial agreement is a legal document created after a couple is already married. It outlines how assets, property, and finances will be divided in the event of separation or divorce. While it may sound unromantic, it can actually be a powerful tool for creating security and transparency in a relationship.

It is never too late to enter into a post-nup, and we are seeing more and more couples choosing to enter into a post-nuptial agreement, for a multitude of reasons, including:

• A change in financial circumstances: Perhaps one partner receives an inheritance, starts a business, or experiences a significant increase in income.
• Protecting children from previous relationships: Ensuring financial clarity for children from earlier relationships is always a strong motivator.
• Rebuilding trust: In cases where a relationship has experienced challenges, a post-nup can serve as part of the rebuilding process.
  
• Updating a pre-nuptial agreement: Sometimes, life changes significantly after marriage, and the original pre-nup no longer reflects current realities.

Properly drawn up post-nuptial agreements are contracts and are increasingly being given weight by the courts in Scotland if both parties have had independent legal advice, the agreement is entered into freely and without pressure, both parties fully disclose their financial situation, and the agreement is fair and takes into account the needs of any children.

At Ness Gallagher Solicitors, we ensure all of these boxes are ticked, giving your agreement the best possible chance of being upheld.

Conversations around finances and future planning can be sensitive. Our expert family law team approaches every situation with professionalism, empathy, and discretion. So whether you’re just beginning to consider a post-nuptial agreement or ready to draft one, we're here to guide you every step of the way.