Protecting Wealth with a Postnuptial Agreement

A strong marriage has to withstand ‘for better and for worse’ if it is to last, and after the honeymoon is over a relationship rides numerous ups and downs and changes in circumstances. Sometimes those changes can put current or future wealth at risk, and it may be sensible to consider a post-nuptial agreement. Speak to an expert divorce solicitor for advice tailored to your circumstances.

A post-nuptial agreement is a formalised legal contract between spouses or civil partners that sets out how assets and liabilities would be divided in a financial settlement if a future divorce or separation occurs. Unlike a prenuptial agreement, it is entered into during your marriage or civil partnership rather than before it.

The main benefit of a post-nuptial agreement is certainty. It gives a couple clarity on what would happen if the relationship breaks down, which can save cost and time in any later court proceedings. An agreement can cover both what happens to assets and how liabilities are dealt with.

A post-nuptial agreement can be flexible in what it covers. We have experience securing privacy for high-profile clients through non-disclosure clauses. If there is the possibility of an international divorce, perhaps because one or both of you have lived abroad or relocated to the UK, the agreement can record that you intend any divorce proceedings to take place in this country. That can help protect you from less favourable foreign rules on dividing assets and avoid a lengthy dispute over where a divorce should happen, subject to meeting the UK jurisdiction requirements.

When should you consider a postnuptial agreement?

A post-nuptial agreement may be worth considering whenever there is a significant change of circumstances in a marriage or civil partnership that carries financial risk. Common examples include:

• a couple moving to London for work or business, where an English divorce settlement could differ from the rules in their home country;
• parents wishing to pass wealth to the next generation as part of succession planning, while safeguarding the gift in the event of a future divorce;
• parents or grandparents who want an agreement in place before gifting money towards a property purchase;
• a high-earning spouse who decides to give up or reduce their earnings to look after children, and wants this recognised in any future financial settlement;
• joint assets being put forward as security when one partner borrows to invest in a business or venture;
• gambling or excessive spending becoming a source of conflict;
• one partner wanting a divorce while the other negotiates a second chance;
• arranging a formal separation before divorce; or
• protecting assets you want to leave to children from a previous relationship.

A post-nuptial agreement can be made at any point during a marriage or civil partnership. If you are thinking about one, we recommend taking early advice so that you are protected if your circumstances change suddenly. Around two in five marriages in England and Wales end in divorce, and having an agreement in place gives you clarity if the worst happens.

Are postnuptial agreements legally binding?

Post-nuptial agreements are not automatically binding on a court in England and Wales, but the courts give them real weight. The leading case is Radmacher v Granatino [2010] UKSC 42, in which the Supreme Court held that a court should give effect to a nuptial agreement freely entered into by each party with a full appreciation of its implications, unless it would not be fair to hold them to it. The Supreme Court made clear that this approach applies to both prenuptial and post-nuptial agreements.

To give your agreement the best chance of being upheld, the following should be in place:

• each of you has taken independent legal advice on your rights and the implications of the agreement;
• there has been full and frank disclosure of all assets and liabilities;
• the agreement allows for future changes, such as the family expanding or one of you becoming seriously ill and unable to work;
• neither of you has been put under undue pressure to sign; and
• the terms reflect a fair outcome given your circumstances and the length of the marriage or civil partnership.

Our lawyers have extensive experience in this area and can advise you on the technical requirements needed for a court to uphold your agreement.

Could postnuptial agreements become binding?

The law may change. In June 2026 the Ministry of Justice opened a consultation, A fairer end to relationships, which closes on 14 August 2026 and follows the Law Commission’s review of financial remedies on divorce. One proposal is to introduce ‘qualifying nuptial agreements’, which would make properly prepared prenuptial and post-nuptial agreements binding on the court.

This is a proposal at this stage, not law, and the current rules still apply. You can read more about how nuptial agreements may be about to change, and we will advise you on how any reform could affect your agreement.

What to expect from our lawyers

We know this can be a delicate subject. We have expert matrimonial solicitors in London who will handle your case sensitively.

One of our family lawyers will talk to you about your circumstances and objectives, and advise you on the steps involved, including what financial disclosure you will need to make. Pulling this information together early helps move your case along.

We will then liaise with your partner’s lawyer and draft an agreement reflecting what you both agree, making sure all the formalities are followed. Our team has extensive experience helping wealthy individuals, including expats, elite athletes and public figures, to reach agreements that give clarity about the financial implications of a divorce.

Obtaining early legal advice is important, as delay could leave you exposed if circumstances change suddenly. We can usually offer a fixed fee quotation, so there are no hidden costs or surprises. Call 020 7485 8811 or fill in the contact form below to speak to a postnuptial agreement solicitor.