Postnuptial Agreement Lawyer
At Kayani Legal Solicitors, we understand the importance of securing your future and protecting your assets. Our experienced team of family law solicitors specializes in postnuptial agreements, providing tailored legal advice and guidance to couples in the UK. A postnuptial agreement is a legally binding document that outlines the division of assets, liabilities, and other financial arrangements in the event of a divorce or separation. Having a well-drafted postnuptial agreement can save time, money, and stress in the long run.
How to Create a Postnuptial Agreement:
A Step-by-Step Guide
1. Consultation: Schedule a consultation with one of our expert family law solicitors to discuss your needs, concerns, and objectives for the postnuptial agreement.
2. Information Gathering: Provide all relevant financial information and documentation, including assets, liabilities, income, and expenses
3. Drafting: Our solicitors will draft a comprehensive, bespoke postnuptial agreement tailored to your specific situation and requirements.
4. Review: We will review the draft with you, ensuring you understand the terms and making any necessary amendments.
5. Signing: Both parties must sign the agreement in the presence of a witness, preferably a solicitor, to ensure its validity.
6. Storage: We will securely store your postnuptial agreement, providing you with a copy for your records.
Application Fees, Processing Times, and Payment Methods
Please contact our team for a personalized quote, as fees may vary depending on the complexity of your case. Processing times typically range from 2-3 days. We accept payment via bank transfer, credit/debit card, or cheque.
- Proof of identity: Valid passports or driving licenses for both parties
- Proof of address: Utility bills or bank statements dated within the last three months
- Financial disclosure: A comprehensive list of assets, liabilities, income, and expenses
- Prenuptial agreement (if applicable): A copy of any existing prenuptial agreement
- Marriage certificate: A certified copy of your marriage certificate
Tips for a Successful Agreement
- Be transparent: Provide complete and accurate information about your financial situation
- Be fair: Ensure the agreement is fair and reasonable to both parties
- Seek legal advice: Engage a qualified family law solicitor to draft and review the agreement
- Keep it up-to-date: Regularly review and update your postnuptial agreement to reflect any significant changes in your circumstances
Common Reasons for Delays
- Incomplete or inaccurate information: Ensure you provide all required documents and information
- Unfair terms: Address any imbalances or unfair provisions in the agreement
- Lack of independent legal advice: Each party should have their own legal representation
Landmark Cases on Postnuptial Agreements
Postnuptial agreements have become increasingly recognized in English law, thanks in part to several landmark cases that have helped to establish their legal standing and enforceability. These cases include:
Radmacher v Granatino  UKSC 42
In this landmark case, as a result, the Supreme Court upheld a prenuptial agreement, effectively giving more weight to both prenuptial and postnuptial agreements in the UK, provided they meet certain criteria.
MacLeod v MacLeod  UKPC 64
This Privy Council decision affirmed the enforceability of postnuptial agreements, so, leading to increased recognition of such agreements in English law.
L v L  1 FLR 26
In this case, the court held that the postnuptial agreement should be given significant weight, as both parties had received legal advice and entered into the agreement freely.
B v S (Financial Remedy: Marital Property Regime)  EWHC 265 (Fam)
This case demonstrated that postnuptial agreements can be set aside if they do not meet the needs of the parties or fail to address specific circumstances.
Z v Z  EWHC 2878 (Fam)
The court enforced a postnuptial agreement, as it was deemed fair and reasonable, and both parties had willingly entered into it with full understanding of its implications.
W v W  EWHC 2469 (Fam)
In this case, the court gave significant weight to the agreement, as both parties had received legal advice and entered into the agreement with a clear understanding of its consequences.
N v F  EWHC 586 (Fam)
The court determined that a postnuptial agreement was not binding due to the lack of full financial disclosure and independent legal advice for both parties.
V v V  EWHC 3230 (Fam)
The court upheld a postnuptial agreement in this case, as it was deemed fair and reasonable, and both parties had willingly entered into it with full understanding of its implications.
S v S  EWHC 7 (Fam)
The court decided to give weight to the postnuptial agreement in determining the financial settlement, as the agreement met the criteria outlined in Radmacher v Granatino.
How can Kayani Legal help?
We have a team of experienced family law solicitors who specialise in postnuptial agreements. Therefore, we can provide you with tailored legal advice and guidance to ensure that your agreement meets all the necessary legal requirements and adequately protects your interests. Hence, We can also help you guide through any complex issues or disagreements that may arise during the process, ensuring that you have a comprehensive and enforceable postnuptial agreement that gives you peace of mind.
Contact us today to schedule a consultation and take the first step towards securing your future and protecting your assets.
Kayani Legal Success Stories
Case 1: Protecting a Family Business
A couple approached Kayani Legal Solicitors after they decided to create a postnuptial agreement to protect their family-owned business. Our experienced solicitors drafted a comprehensive agreement that safeguarded the business’s future and ensured a fair distribution of assets in case of separation. The couple now enjoys peace of mind, knowing their business is secure.
Case 2: Inheritance Protection
A client sought our help after receiving a substantial inheritance during their marriage. Kayani Legal’s expert team drafted a postnuptial agreement that protected the inheritance from potential claims in the event of a divorce. The client expressed gratitude for the thorough and compassionate legal support provided.
Case 3: Blended Family Considerations
A married couple with children from previous relationships approached Kayani Legal to draft a postnuptial agreement. Our solicitors successfully created an agreement that addressed the couple’s concerns regarding their children’s financial security and inheritance rights. The couple was grateful for our team’s attentive and knowledgeable assistance.
Case 4: Financial Clarity for Expats
A British expat couple living abroad sought our help in creating the agreement to clarify their financial responsibilities and protect their assets. Kayani Legal’s solicitors navigated complex international family law, drafting a postnuptial agreement that met the couple’s unique needs. The couple praised our team’s expertise and dedication to achieving their desired outcome.
What is a postnuptial agreements?
In summary, the agreement is a legal document that outlines the division of assets, liabilities, and other financial arrangements in the event of a divorce or separation. Unlike a prenuptial agreement, a postnuptial agreement is created after the marriage has already taken place.
Why would I need an agreements?
In short, the agreement can be beneficial in a variety of situations, such as when one or both spouses have significant assets or debts, when one spouse receives an inheritance or gift, or when one or both spouses have children from a previous relationship.
Is a post-nuptial agreements legally binding?
Yes, the agreement is legally binding as long as it meets certain legal requirements, such as being entered into voluntarily, with full financial disclosure from both parties, and with the advice of separate legal counsel.
Can a post-nuptial agreements be changed or revoked?
Yes, the agreement can be changed or revoked if both parties agree to the changes and sign a new agreement. It can also be revoked if one party can prove that the agreement was signed under duress or fraud.
Can a postnuptial agreements cover child custody and support?
No, the agreement cannot override statutory provisions, such as child custody or support. These issues must be decided based on the best interests of the child at the time of divorce or separation.
Do I need a lawyer to create a postnuptial agreement?
It is highly recommended to consult with a qualified family law solicitor when creating a postnuptial agreement to ensure that it meets all legal requirements and adequately protects your interests.
How much does it cost to create a post-nuptial agreements?
The cost of creating the agreement can vary depending on the complexity of the case and the amount of legal work required. It is best to contact a family law solicitor for a personalized quote.
Can I create a postnuptial agreements without my spouse’s consent?
No, both parties must agree to the terms of the agreement and sign it voluntarily for it to be legally binding.