Postnuptial agreements set out what will happen to certain assets in the event of a divorce
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A postnuptial agreement is an arrangement between spouses or civil partners that regulates the couple’s assets and affairs in the event of a separation.
Postnuptial agreements work in the same way as prenuptial agreements, except they are entered into after the marriage.
At the start of, or during, a relationship, no one wants to think about how things will play out if the relationship breaks down. However, having a legally recognised postnuptial agreement in place can ensure a clean break without taking matters to the courts.
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A postnuptial agreement is a legally recognised document that allows couples to protect their assets in the event of a separation or divorce. It ensures that plans are made for how your property will be divided between the two of you. If a postnuptial agreement is not made, there is nothing to protect these assets from becoming matrimonial property. Under Section 9 of the Family Law (Scotland) Act 1985, matrimonial property refers to assets that are acquired or accumulated during the marriage to be divided fairly.
Many couples find a postnuptial agreement gives them some peace of minde. However, whilst they can be useful for all couples, they are particularly important in some specific situations, for example:
A postnuptial agreement lawyer can provide invaluable support when creating, or signing, a postnuptial agreement, offering both legal expertise and a practical yet compassionate approach.
On the whole, postnuptial agreements are Scotland are upheld. However, for the postnuptial to remain viable, you must ensure that:
✅ Neither party were pressured to sign.
✅ The postnuptial agreement must have been fair and reasonable at the time it was signed.
✅ Both parties must have sought separate legal advice at the time the postnuptial was agreed.
If the postnuptial agreement does not meet these basic requirements, then you run the risk of it being overturned. As such, it’s vital that you seek expert legal advice before signing a postnup.
Neil Kilcoyne & Co. Solicitors have a wealth of experience in family law, including prenuptial agreements, separation agreements and divorces. Our highly skilled lawyers will carefully review the agreement with you, explaining each detail so that you fully understand its implications. With a compassionate approach, our experts will ensure that the terms are fair and align with your wishes, helping you feel confident in your decisions.
Our role is to protect your interests and assets, and provide reassurance, making the process as smooth and stress-free as possible. If you would like to discuss your postnuptial agreement with experienced, award-winning lawyers, then get in touch with us today.
Neil Kilcoyne & Co. Solicitors offers specialist and expert legal advice to people who are going through divorce and separation, marriage and relationship breakdowns. For a free telephone consultation, call us today.
In the UK, postnuptial agreements are generally enforceable, but they are not automatically legally binding. Courts will consider them during divorce proceedings, particularly if the agreement is fair, both parties fully disclosed their assets, and each had independent legal advice. The agreement should be made without any pressure or coercion. While courts have discretion, they are increasingly likely to uphold postnuptial agreements if they meet these criteria and are deemed fair to both parties involved.