The Definitive Guide to Postnuptial Agreements

Write one yourself

Writing a postnuptial agreement yourself is possible. You must make sure the agreement is written, voluntarily agreed by both people, has a full disclosure of assets and debts, is not one-sided or unfair and is signed by both people. Writing a postnuptial agreement yourself risks making mistakes that could invalidate the agreement. It is recommended that you get professional legal assistance.

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Hire an expert

A family law solicitor will help you decide if you need a postnuptial agreement, what to include in it and how to write it in the best way. It is recommended that each person hires an independent solicitor to advise them on what is best for them individually.

Step 1

Finding Solicitors

You must ensure that you and your partner are married or in a civil partnership and hire seperate solicitors. This will help validate the postnuptial agreement because these solicitors will protect your particular interests and make sure the agreement is not unfair or one sided. Lawhive is able to connect yourself and your partner each with your own solicitor.

Step 2

Solicitor Assessment

You will have to make a financial disclosure, this is a list of all of your assets and debts. You should show your solicitor the relevant evidence and documentation to back up your disclosure. You should also tell your solicitor whether you want to give or receive spousal support / other financial arrangements (like maintenance payments) in the event of a divorce or separation. Your partner will also have to do this.

Step 3

Writing the agreement

Your solicitor will write the postnuptial agreement according to how you want your assets, debts and / or maintenance payments to be split between you and your partner in the event of a divorce or separation.

Step 4

Contacting your partner's solicitor

Your solicitor will contact your partner’s solicitor and together write a postnuptial agreement which suits both you and your partner’s wishes.

Step 5

Finalising the agreement

You and your partner must think carefully about the terms of the agreement and each voluntarily agree to it. You will both have to sign the postnuptial agreement and have this witnessed by two people.