make your free postnuptial agreement (postnup)
what we'll cover
what is a postnuptial agreement?
a postnuptial agreement (also known as a 'postnup') is an agreement between two people that's made after they have gotten married or entered into a civil partnership.
postnuptial agreements set out the assets (ie property and money) that belong to each person before the marriage or civil partnership and clarify that, if the marriage/civil partnership ends, these assets will remain the property of that person after the end of the marriage/civil partnership itself.
when should i use a postnuptial agreement?
use this postnup if you and your partner:
-
have gotten married or have entered into a civil partnership
-
want to agree that assets owned separately will remain in separate names
-
want to agree that neither of you will have any claim against the other for maintenance or support if the marriage or partnership breaks down
-
agree to complete this agreement and have been honest about your finances and property
-
have taken or will take independent legal advice before signing the agreement
sample postnuptial agreement (postnup)
the terms in your document will update based on the information you provide
this document has been customised over 4.6k times
documents and communicates
ask a lawyer questions about your document
post- agreement
this agreement is made on_____________________________________(date)
between:
- of , , (party 1); and
- of , , (party 2)
(each a party and together the parties).
background
- the parties have been.
personal details and residence
- party 1 is and is habitually resident in and domiciled in and is a national of .
- party 2 is and is habitually resident in and domiciled in and is a national of .
relationship
- the parties have been in a relationship since and have been and this has been taken into account in the financial provision set out in this agreement.
purpose of this agreement
- the parties acknowledge that is their mutual desire to enter into this agreement recording their wishes and intentions regarding their financial arrangements in the event of a decree of judicial separation. the parties each intend that this agreement shall set out their respective rights and obligations in respect of the other in the event of a decree of judicial separation.
- the parties further acknowledge that they have had adequate time to reflect upon the terms of this agreement with the benefit of independent legal advice. the first draft of this agreement was seen by party 1 on and by party 2 on .
- the parties hope that the will continue for the rest of their lives. however, in the event that their hopes are not fulfilled and the permanently breaks down, they would not wish to engage in litigation to resolve any financial claims they may have against one another. accordingly, they enter into this agreement to record their mutual and agreed intentions on the basis of what each believes to be a fair outcome in that event.
- in the event of the permanent breakdown of the the parties intend that their respective financial rights and obligations will, to the extent permitted by law, be governed solely by this agreement.
children
financial disclosure
- the parties have had the opportunity to make enquiries of the other party’s financial circumstances and confirm they are satisfied that they have sufficient knowledge, information and documentation of each other’s financial circumstances to be able to assess the fairness of the terms of this agreement.
- each party confirms that they have made full financial disclosure of their properties, assets, income and liabilities to the other party.
independent legal advice
- the parties have each obtained separate and independent legal advice on the nature, terms and effect of this agreement.
- each party's legal advisor has signed a certificate attached in schedule 3 of this agreement.
- the parties confirm they are entering into this agreement having taken such advice and having made such enquiries as they consider appropriate and each acknowledges that they regard the terms of this agreement as fair and that they are entering into it freely, voluntarily and without pressure from the other party or from any third party or from the circumstances or otherwise.
- the parties understand the rights they are surrendering under this agreement and its terms and effects.
qualifying nuptial agreement
- the parties understand that this agreement satisfies the criteria set out in law commission consultation paper no 343, matrimonial property, needs and agreements for a qualifying nuptial agreement that will prevent the court from making financial orders inconsistent with the agreement, except to meet the financial needs of the parties or in the interests of any child or children of the parties. accordingly, the parties have each signed the statement at schedule 4.
- the parties understand that a qualifying nuptial agreement can only exclude the court’s jurisdiction in financial remedy proceedings if the parties’ financial needs were met.
now it is hereby agreed as follows:
meanings
- these words and phrases have defined meanings:
agreement | this agreement including the background recitals and schedules; |
confidential information | any information of a private nature that is not to be publicly disclosed including personal, financial, business, technology, trade secrets and other commercially sensitive information of either party and including the terms of this agreement; the negotiations between the parties in connection with its making; and any of the financial information disclosed for the purpose of this agreement; |
joint property | any property that is not separate property, including that which is acquired after the; |
permanent breakdown | the commencement of proceedings by either of the parties for or for judicial separation which are subsequently concluded by a decree of divorce, annulment, or judicial separation; |
property | any legal or beneficial interest in any asset or resource anywhere in the world, including any income and benefit arising from it; and |
separate property | all property which belongs independently at the date of this agreement to each of the parties and which is set out in schedules 1 and 2 of this agreement, including any property received by either party by way of inheritance. |
- unless the context requires a different interpretation:
- all singular words include plural ones and vice versa;
- all references to paragraphs, sub-paragraphs, schedules or appendices are to the ones in the agreement;
- the schedules form part of this agreement and will have effect as if set out in full in the body of this agreement;
- the term 'including' does not exclude anything not listed;
- all references to statutory provisions include any changes to those provisions;
- no headings or sub-headings will affect the interpretation of this agreement.
commencement
- this agreement is binding from the date it is signed by the parties.
separate property
- all separate property as set out in schedules 1 and 2 of this agreement, is, shall be, and shall remain, the personal estate of that party, including all interest, rents, and profits which may accrue from the separate property.
- all separate property of each respective party shall remain forever free of claim by the other party.
joint property
- unless agreed otherwise by the parties in writing, any joint property will be owned by the parties in equal shares regardless of the proportions each contributed to the acquisition of the joint property.
- in the event of a permanent breakdown, all joint property shall remain subject to division, either by agreement or judicial determination.
liabilities
- each party will be solely responsible for any existing or future liabilities connected with his or her separate property and will indemnify the other party against any liability connected with or arising from his or her own separate property.
- the parties will be jointly and severally liable for any existing or future liabilities connected with joint property.
gifts
- nothing in this agreement will prevent either party from giving to the other or receiving from the other any property (including separate property) by way of gift or transfer or from making provision for the other by testamentary disposition or in settlement or under trust or otherwise (including a beneficial interest arising from a gift to a trust).
- for the avoidance of doubt, any gift made in accordance with clause 10 will become the receiving party’s separate property.
death
- if, following a permanent breakdown, either party should die, the other party will not make any claim against the deceased's estate nor make an application to the court for an order requiring the personal representatives to make financial provision in his or her favour except as consistent with the provisions of this agreement.
- both parties are to make new wills following the commencement of this agreement and within those wills will make such reasonable financial provision as is appropriate for the other in order to avoid any claims by either of them against the estate of the other under the inheritance (provision for family and dependents) act 1975.
permanent breakdown
- it is hereby agreed between the parties that, in the event of permanent breakdown, the parties shall have no right against each other by way of claims for support, maintenance, compensation or division of the property.
- the parties agree that in the event of a permanent breakdown they will promptly take all steps and sign all deeds and documents as required to give effect to the terms of this agreement.
confidential information
- the parties agree to keep all confidential information absolutely confidential and not disclose any confidential information to any person except as agreed between the parties or as they may reasonably have with their legal advisers, or any other person to whom it is necessary to disclose the confidential information for the purposes of implementing this agreement, obtaining professional advice, pursuing proceedings in court, or if there is a legal obligation to do so.
review of this agreement
- the terms of this agreement will be reviewed with the benefit of legal advice whenever one of the following events occurs:
- the birth or adoption of a child of the parties;
- the inability of either of party to work for medical reasons for a period in excess of 12 months;
- the parties settling and having permanent residence in a jurisdiction outside england and wales.
independent legal advice
- the parties have taken or have had the opportunity to take independent legal advice before signing this agreement.
acknowledgement
- the parties acknowledge that this agreement is entered into freely and voluntarily and both parties fully understand the terms contained in it.
- the parties have made to each other full disclosure of their income, property and other financial resources as well as their financial needs and obligations which each has now and is likely to have in the foreseeable future.
termination
- this agreement will continue in force notwithstanding a permanent breakdown and this agreement will not be terminated until a final court order has been made resolving the financial claims (if any) of the parties.
entire agreement
- this agreement, and its schedules, constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
- no modification, variation, waiver or termination of this agreement will be valid unless made in writing and executed as a deed.
- this agreement shall be binding upon and inure to the benefit of the parties, their successors and assigns.
governing law
- this agreement shall be governed by and interpreted according to the law of england and wales and all disputes arising under the agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the english and welsh courts.
costs
- the parties agree that they will each bear their own costs relating to the preparation of this agreement.
in witness of which the parties have signed this agreement as a deed on the day and year first above written.
| executed as a deed by | |
| in the presence of: | |
| witness signature | |
| name of witness | |
| address | |
| occupation | |
| executed as a deed by | |
| in the presence of: | |
| witness signature | |
| name of witness | |
| address | |
| occupation | |
schedule 1
property of
liabilities of
schedule 2
property of
liabilities of
schedule 3
certificate of independent specialist legal adviser for party 1
i, ______________________(name) of _______________________________________________________________(name and address of firm), certify as follows:
- i am a duly qualified solicitor/barrister (delete as appropriate) of the senior courts of england and wales.
- prior to (party 1) entering into the agreement between party 1 and (party 2) to which this certificate is annexed:
- i explained to party 1 the meaning and importance of the terms of the agreement in such a way that i believe that he/she has understood them, and he/she confirmed to me that he/she does understand them;
- i advised party 1 as to the effect of the agreement under the law of england and wales, including its effect upon what would otherwise be his/her rights under the current law of england and wales and about the advantages and disadvantages, at the time that the advice was provided, to party 1 of making the agreement;
- i explained to party 1 the effect of its intended status as a qualifying nuptial agreement, meaning that under the law of england and wales, the court will be prevented from making financial orders inconsistent with the agreement in the event of the permanent breakdown, except to meet the financial needs of the parties or in the interests of a child of the parties.
| date | |
| signature | |
___________________________________(name) |
certificate of independent specialist legal adviser for party 2
i, ______________________(name) of _______________________________________________________________(name and address of firm), certify as follows:
- i am a duly qualified solicitor/barrister (delete as appropriate) of the senior courts of england and wales.
- prior to (party 2) entering into the agreement between party 2 and (party 1) to which this certificate is annexed:
- i explained to party 2 the meaning and importance of the terms of the agreement in such a way that i believe that he/she has understood them, and he/she confirmed to me that he/she does understand them;
- i advised party 2 as to the effect of the agreement under the law of england and wales, including its effect upon what would otherwise be his/her rights under the current law of england and wales and about the advantages and disadvantages, at the time that the advice was provided, to party 2 of making the agreement;
- i explained to party 2 the effect of its intended status as a qualifying nuptial agreement, meaning that under the law of england and wales, the court will be prevented from making financial orders inconsistent with the agreement in the event of the permanent breakdown, except to meet the financial needs of the parties or in the interests of a child of the parties.
| date | |
| signature | |
___________________________________(name) |
schedule 4
relevant statement of party 1
i, party 1 of , , , state as follows:
i confirm that prior to entering into the agreement to which this statement is annexed, i have received independent legal advice from ______________________(name) of _______________________________________________________________(name and address of firm) and i understand the following:
- the terms of the agreement.
- the effect of the agreement on my rights under the law of england and wales.
- the advantages and disadvantages to me in making this agreement.
- i am aware of the proposals for reform of nuptial agreements contained in law commission consultation paper no 343, matrimonial property, needs and agreements and i intend this agreement to be a qualifying nuptial agreement. i understand this means that under the law of england and wales, the court will be prevented from making financial orders inconsistent with the agreement in the event of the permanent breakdown of the, except:
- to meet my financial needs.
- to meet the financial needs of party 2.
- in the interests of a child who meets the definition contained in this agreement of a child of the parties.
| date | |
| signature | |
|
relevant statement of party 2
i, party 2 of , ,, state as follows:
i confirm that prior to entering into the agreement to which this statement is annexed, i have received independent legal advice from ______________________(name) of _______________________________________________________________(name and address of firm) and i understand the following:
- the terms of the agreement.
- the effect of the agreement on my rights under the law of england and wales.
- the advantages and disadvantages to me in making this agreement.
- i am aware of the proposals for reform of nuptial agreements contained in law commission consultation paper no 343, matrimonial property, needs and agreements and i intend this agreement to be a qualifying nuptial agreement. i understand this means that under the law of england and wales, the court will be prevented from making financial orders inconsistent with the agreement in the event of the permanent breakdown of the, except:
- to meet my financial needs.
- to meet the financial needs of party 1.
- in the interests of a child who meets the definition contained in this agreement of a child of the parties.
| date | |
| signature | |
|
about postnuptial agreements
learn more about making your postnuptial agreement
-
how to make a postnuptial agreement
making a postnuptial agreement online is simple. just answer a few questions and 2022世界杯32强抽签时间 will build your document for you. when you have all of the details prepared in advance, making your document is a quick and easy process.
to make your postnuptial agreement you will need the following information:
party details
-
your details (eg your name, address, nationality, age, country of residence and country of domicile).
-
have you been married before? if so, when did you get divorced?
-
your spouse’s or civil partner’s details (eg their name, address, nationality, age, country of residence and country of domicile).
-
has your spouse or civil partner been married before? if so, when did they get divorced?
background
-
are you married or in a civil partnership?
-
when did you get married or enter into a civil partnership?
relationship details
-
since when have you and your spouse or partner been in a relationship?
-
do you currently live together? if so, when did you start living together?
children
-
do you and your spouse or partner have any children together? if so, how many?
-
do you have any children from a previous relationship? if so, how many?
-
does your spouse or partner have any children from a previous relationship? if so, how many?
assets and liabilities
-
what property do you own that you want to keep separate?
-
what liabilities (eg debts) do you have in your name only?
-
what property does your spouse or partner own that they want to keep separate?
-
what liabilities does your spouse or partner have in their name only?
review
-
when did you see and review the first draft of this postnup?
-
when did your spouse or partner see and review the first draft of this postnup?
-
-
common terms in a postnuptial agreement
a postnuptial agreement sets out which assets you and your spouse or civil partner want to keep separate after getting married or entering into a civil partnership. to do this, this postnup template covers:
between
this section sets out the details of the parties to the postnuptial agreement (ie you and your spouse or civil partner).
background
this section provides background information on the parties and their relationship. this background information includes, but is not limited to:
-
when the parties got married or entered into a civil partnership
-
where each party is resident and habitually domiciled
-
how long the parties have been in a relationship (and how long they’ve lived together)
-
the reasons why the postnuptial agreement is being entered into
-
whether the parties have any children (whether together or with other people) and, if so, how many children they have
now it is hereby agreed as follows
this section details the actual terms of the agreement that forms the postnuptial agreement. this includes, but is not limited to:
-
the postnup commencing (ie becoming effective) on the date that it is signed
-
the assets in schedules 1 and 2 remaining only in the name of the party that owns them, without the other party being able to make a claim against them
-
financial provisions for any children the parties have together being determined fairly and in accordance with the law
-
the parties' agreeing on the circumstances in which the postnup shall be reviewed
-
confirming that the parties have taken or have had the opportunity to take independent legal advice before signing the postnup
-
the governing law of the postnup (ie the law of england and wales)
schedule 1
this schedule provides details of the assets and liabilities of the first party to the postnuptial agreement. these are the assets and liabilities that are intended to remain the property and responsibility of the first party only.
schedule 2
this schedule provides details of the assets and liabilities of the second party to the postnuptial agreement. these are the assets and liabilities that are intended to remain the property and responsibility of the second party only.
schedule 3
this section contains one certificate of independent specialist legal adviser for each party. the appropriate certificate is to be completed (and then signed) by each party’s independent legal adviser after they have given the necessary legal advice.
schedule 4
this section contains one relevant statement for each party. after having received independent legal advice, each party should complete and sign their relevant statement. this acts as a confirmation that they took independent legal advice and understand the terms and the effects of the postnup.
if you want your postnuptial agreement to include further or more detailed provisions, you can edit your document. however, if you do this, you may want a lawyer to review or change the postnup for you, to make sure it complies with all relevant laws and meets your specific needs. ask a lawyer for assistance. -
-
legal tips for making a postnuptial agreement
make sure to set out all your independently owned assets
schedules 1 and 2 of the prenup list both parties’ independently owned assets. this is a description of all previously acquired assets and care must be taken not to withhold any valuable possessions or goods as this may make the prenup invalid. make sure that you and your spouse or civil partner carefully set out all of your independently owned assets, especially those of value.
make sure to set out all liabilities in your name only
in addition to the independently owned assets, schedules 1 and 2 of the prenup list out both parties’ sole liabilities. this is a description of all liabilities owed by one party only. you must take care not to withhold any liabilities as this may invalidate the prenup. make sure that you and your spouse or civil partner carefully set out all your liabilities, especially if a debt is large.
understand the safeguards for your postnuptial agreement
you must ensure that your postnup meets all of the necessary safeguards to ensure that it is upheld by the courts or considered fair and reasonable. these safeguards include, but are not limited to:
-
making full and frank disclosure of your assets and financial positions
-
not being pressured or under duress to sign the agreement
-
seeking legal advice
for more information, read the faq ‘what steps should we take before signing a postnuptial agreement?’ and postnuptial agreements.
understand the importance of seeking independent legal advice
for your postnuptial agreement to be upheld by the courts it is essential that you satisfy the requirement for each party to seek independent legal advice. this must be done before each party signs the postnup. if you don't seek independent legal advice on your postnup, your document is unlikely to be upheld by the courts in the case of a relationship breakdown.
you can use our postnuptial legal advice service to obtain the necessary independent legal advice.
remember to regularly review your postnup and update it when necessary
for your postnuptial agreement to be considered and upheld by the courts, it should reflect your specific circumstances. an older postnup that does not fully reflect your current circumstances (eg if they've changed following the birth of any additional children or long-term illness) is less likely to be upheld by the courts. this is because it is likely to be considered unfair and more likely to lead to financial hardship in case of a divorce or dissolution. therefore, it is essential that you regularly review your postnup (especially when your circumstances change) and update it accordingly.
consider when a postnup isn’t the right document for your needs
postnups are made after getting married or entering into a civil partnership. they cannot be signed before getting married or entering into a civil partnership. if you want a postnup but are not yet married or in a civil partnership, you should make a prenuptial agreement (prenup) instead. if you are living with your unmarried partner (and aren’t planning on getting married or entering into a civil partnership), consider entering into a cohabitation agreement instead. for more information, read considerations before getting married or forming a civil partnership and cohabitation.
understand when to seek advice from a lawyer
ask a lawyer for advice:
-
to take independent legal advice before entering into this agreement
-
if you have unequal assets, because an argument may be made that one party felt 'forced' into making the agreement (if both parties take independent legal advice this claim is unlikely to be successful)
-
if you want to set out that no party can attain any beneficial interest in property owned solely by one party
-
if you want to set out that, if any party incurs a liability against joint property without the consent of the other, they will be solely liable for that liability
-
if you want to work out any maintenance payments in advance
-
if you want to include a postnup end date
-
if you want to include specific provisions (eg for pensions or debts) not currently covered by this template document
-
if you or your spouse or civil partner are not resident in england or wales (eg if you're resident in scotland)
-
postnuptial agreement faqs
-
what is included in a postnuptial agreement?
this postnuptial agreement template covers:
-
both parties’ details (eg names, addresses and where they are domiciled)
-
details of the parties' relationship (eg when their relationship started, when they started living together and when they were married or entered into a civil partnership)
-
details of any children (ie children that the parties have together or children they have from previous relationships)
-
details of any previous divorces
-
property and money owned individually by those getting married or entering into a civil partnership that is to remain theirs if the relationship breaks down
-
liabilities owed individually by those getting married or a civil partnership that are to remain theirs if the relationship breaks down
-
an agreement that neither party will have any claim against the other for maintenance or support if the marriage or partnership breaks down
-
stating that property acquired after the marriage or partnership begins will be divided as the couple agree or as ordered by a court, if the marriage or partnership breaks down
-
stating that liabilities acquired after the marriage of partnership begins will be the responsibility of both parties
-
confirmation that the couple has entered into the agreement freely and have each taken independent legal advice, including a certificate of independent specialist legal adviser and a relevant statement for both parties
if you would like for your postnup to include specific provisions (eg in relation to pensions and debts) not currently covered by the document, ask a lawyer for further assistance.
-
-
do i need a postnuptial agreement?
postnups are not necessary after you have gotten married or entered into a civil partnership. however, you can use them if you want to keep previously acquired belongings (like property) separate from your spouse’s or civil partner’s belongings.
usually, after you get married or enter into a civil partnership, your belongings (often called ‘assets’) combine to form ‘marital assets’ or ‘civil partnership assets’. such joint marital/civil partnership assets belong to both spouses or partners and can be considered for division in divorce (or dissolution) proceedings.
if you and your spouse or civil partner own assets which each of you would like to own as individuals rather than jointly, you can record this in a postnup.
for more information, read our guide on postnuptial agreements.
-
can i use a postnuptial agreement after forming a civil partnership?
this agreement can be used for both marriages and civil partnerships. if you are married, the agreement will typically be referred to as a ‘postmarital agreement’. if you entered into a civil partnership, the agreement will typically be referred to as a ‘post-civil partnership agreement’.
-
is a postnuptial agreement legally binding?
postnuptial agreements are not currently legally binding in england and wales. however, in most cases, the court will be persuaded to uphold a postnuptial agreement provided that certain safeguards are met. these include:
-
both parties receiving independent legal advice regarding the postnuptial agreement before signing it
-
the full and frank disclosure of each party’s assets (ie no assets should be hidden from the other party)
-
there not being any undue pressure on either party to sign the agreement
-
there being no significant changes to the financial or family situation
-
the terms of the agreement being fair
postnuptial agreements that comply with these safeguards and conditions are known as ‘qualifying nuptial agreements’ and should generally be upheld in court.
for more information, read our guides on postnuptial agreements.
-
-
what steps should be taken before signing a postnuptial agreement?
both of you should seek independent legal advice and prepare full disclosure of your respective financial positions before signing a postnuptial agreement.
you must think carefully about the terms of your postnup and make it as precise, clear and detailed as possible.
you can use 2022世界杯32强抽签时间 ’s independent legal advice service to fulfil the advice requirement for postnuptial agreements.
-
what should be included in the description of assets and liabilities?
in the description of assets, both of you must disclose all of your previously acquired assets and you must not withhold any valuable possessions or goods. in the description of liabilities, you should clearly disclose all of your liabilities (eg debts). if you don't, the agreement may be invalid.
-
what happens to assets and liabilities acquired after marriage/civil partnership?
any assets acquired after the marriage takes place or the civil partnership is entered into are marital or civil partnership assets. this means that they will be divided by agreement or judicial determination should there be a breakdown of the marriage or civil partnership.
liabilities (like debts) acquired after marriage or civil partnership will be the responsibility of both parties. this will typically remain the case even after a breakdown of the marriage or civil partnership.
for more information, read divorce and financial arrangements.
-
do i need a postnuptial agreement if i have already signed a prenuptial agreement?
if you have already signed a prenuptial (prenup) agreement, you do not typically need to sign a postnuptial agreement. however, if there are any concerns about the strength of a prenup (eg if it was only signed the day before the wedding), you may consider creating a postnup to reaffirm the terms of the prenup.
postnups are also useful where there has been a change in the parties’ circumstances since the prenup was signed (eg an inheritance or a career change), as they allow the parties to revisit the terms agreed upon in the prenup.
postnups may also be considered by couples that have had relationship difficulties and want the marriage to continue with financial peace of mind.
-
what is the certificate of independent specialist legal adviser?
the certificates of independent specialist legal adviser (or ‘certificate of ila’) confirms that independent legal advice was sought by a particular party.
schedule 3 contains two certificates of ila - one for each party. the certificate of ila should be completed and signed by each party’s independent legal adviser (ie solicitor or barrister) after they have provided the necessary advice.
-
what is the relevant statement?
the relevant statement confirms that each party has sought independent legal advice and understands the terms of the postnup and its effects.
schedule 4 contains two relevant statements - one for each party. each party should complete and sign their appropriate relevant statement after receiving legal advice on their postnup.
our quality guarantee
we guarantee our service is safe and secure, and that properly signed 2022世界杯32强抽签时间 documents are legally enforceable under uk laws.
need help? no problem!
ask a question for free or get affordable legal advice from our lawyer.
