The rise in post-nuptial agreements - Emily Brand in Tatler - Boodle Hatfield

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27 Jun 2023

The rise in post-nuptial agreements – Emily Brand in Tatler

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In Tatler, Partner and Head of Family & Divorce, Emily Brand, reflects on the rise of pre and post-nuptial agreements, considers whether parties require both a pre-marital & a post-nuptial agreement and provides some pointers on how one should start the conversation with their spouse. 

Emily Brand, Partner and Head of the Family Team at Boodle Hatfield, says that there’s generally no need to have both but in some cases, it should be considered. ‘The first is where the pre-nup was signed very shortly before the marriage, as this could suggest that the parties (or one of them) were under undue pressure to sign the agreement so that the wedding could go ahead, which could undermine the agreement. Signing a post-nup confirming the terms of the pre-nup after the marriage has taken place would help evidence that the parties chose freely to enter into the agreement.’

Brand also adds that post-nups are also a good idea for those in which circumstances have changed significantly since the pre-nup. ‘Examples might include where one party has given up a successful career to become a homemaker or due to serious illness, or if the parties’ asset base looks very different to what was anticipated at the time of the pre-nup. A relatively recent agreement made in the context of the parties’ actual financial circumstances is more likely to be upheld than an old agreement made in very different circumstances.’

‘This is not a topic you should raise after a heated argument,’ advises Brand. ‘It’s much better to approach the subject when sitting down with a trusted advisor or in the context of wider wealth and succession planning, so the context is neutral, rather than combative,’ she adds.

Click here to read the full article in Tatler Magazine. 

Interested in knowing more? More information on pre and post-nuptial agreements can be found in our Nuptial Agreements FAQs here and a copy of our Family Law Glossary - that tackles some of the common terms that crop up during the course of proceedings relating to divorce and the financial arrangements following marital breakdown - can be found here. 

Sometimes the couple will hope that a post nup will mean that a divorce can be avoided, or as a way of offering reassurance to one party if there have been difficulties in the marriage.

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