Those of you in the Greater Manchester area who are considering making a post-nuptial agreement may be interested in some further information regarding this type of document. Although these are not legally binding in the United Kingdom, they can provide an insight into the intentions of the parties, and if your marriage comes to an end, Family Court will review the contents and take this into consideration when making its ruling regarding the division of assets.
A post-nuptial agreement is created at a time after a couple is married or has entered into a civil partnership and should be periodically revisited and updated to remain relevant to the changing circumstances of the couple. When the court is deciding on how assets should be divided, it will seek to make an arrangement that it considers to be fair at the time of the separation. It is, therefore, more likely to uphold the details of the agreement if you have kept it up to date.
Some other considerations that a court will take into account may include ensuring that you and your spouse have been completely open when declaring your finances. It will also look more favourably on the agreement if each of you have received separate legal advice when drawing up the document and that there has been no coercion or unacceptable pressure on either of you to enter into the arrangement. Since the court is concerned with ensuring a fair ruling, it will look more agreeably on the agreement if the terms are reasonable.
At our firm, our solicitors have extensive experience in drafting and reviewing these types of documents. If you would like more information on the services we might provide in this regard, you are invited to visit our page on the topic.