United Kingdom: Divorce

A postnuptial agreement is an agreement made after a couple has married or entered into a civil partnership. It sets out how they intend their finances and assets to be treated if their relationship later ends. Postnuptial agreements can address many of the same issues as prenuptial agreements, including property, business interests, investments, pensions, inherited wealth and other financial assets. The key difference is timing: a prenuptial agreement is made before marriage or civil partnership, while a postnuptial agreement is made afterwards.

Postnuptial agreements are not automatically legally binding in England and Wales. However, this does not mean that they have no legal effect. A properly prepared postnuptial agreement can carry significant weight if a couple later divorces, and the court may hold the parties to its terms where it is fair to do so.

The UK Government has launched a consultation proposing the most significant reform of family financial law in decades, introducing a 'codification plus' model that would establish sharing and needs as statutory principles. The proposals include equal sharing of matrimonial property as the starting point, statutory definitions of key concepts, and a three-stage hierarchical approach prioritizing children's welfare, basic needs, and discretionary needs.