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family law specialists

Post Marital & Post Nuptial Agreements

Most people have heard of pre-marital agreements, but it is also possible to have such an agreement drawn up once the parties are married (a “post-marital or “post-nuptial agreement”).  As for pre-marital agreements, the courts cannot be bound by these agreements but will often take them into account as part of the evidence of the case in the event that the marriage ends.

Post-marital agreements might be useful, for example, to amend an existing pre-marital contract where circumstances may have changed, or to protect assets inherited by one or other party during a marriage.

As for pre-marital agreements, it is necessary for both parties to have independent legal advice and to have full knowledge of the other’s finances before entering into the agreement.