There is another benefit for the wealthier spouse if he has a post-nup, says Sandra Davis, head of the Family Department of Mischon de Reya, which specializes in premarital comparisons with couples with a net worth of between $1 million and $30 million. „I`m negotiating a post-Nup,” she says. „I think they are often precursors to a divorce in which the creator of property in marriage tries to get away with paying less than what he or she would pay if the case were to be tried, because they would have to fully disclose their true importance in court.” It is important that you and your spouse or partner seek independent legal advice from a lawyer to help develop your post-marriage arrangement. Normally, you both have to order different law firms to avoid conflicts of interest. We are here to give you your first tips and then we can help you create a post-uptial agreement you and your partner are satisfied with. We generally offer this service on a fixed fee basis, so call us now on 01935 823883 to discuss how we can help you. Each party was aware of all the information necessary for it to fully consider and understand the terms of the post-marriage agreement. The post-nuptial agreement is a relatively new approach in the United Kingdom. Although they are not automatically applicable in the UK, the Supreme Court has recognised post-18th-up agreements and the Law Commission has recommended new legislation. In many cases, they now influence the outcome of divorce agreements and can offer good protection.
Neither party was under pressure or forced to sign the agreement against its will. Currently, post-up agreements are not legally binding in the UK. Courts are not obliged to follow instructions in post-nups (or prenups); they may find that assets were included in the marriage pot and how they should be distributed, regardless of the terms of a post-uptial agreement. It can be perceived as non-romantic or already causing a marriage to fail, however, with a high number of marriages unfortunately ending in divorce and with an increasing number of couples marrying later in life, if they have already accumulated wealth, post-uptial arrangements can help identify how the couple agrees to separate their fortune in order to reduce the risk of conflict when the worst happens. Post-marital agreements are essentially the same as pre-marital agreements, in addition to the fact that they are made after marriage or registered partnership, not before.