A post-nuptial agreement sets out exactly how assets should be distributed between you and your partner should your marriage break down. It is a written contract that is signed by a couple during their marriage. These are normally legally binding.
The court may choose to ignore the terms of the agreement if you or your partner do not provide full and frank financial disclosure, the terms are not fair and/or both parties have not had independent legal advice on the terms of the agreement.
Post-Nuptial agreements help provide more certainty to couples about how assets would be divided in the event they separate or divorce. This clarity can be beneficial, especially if you have been married before and have children from a previous relationship.
Post-Nuptial agreements are commonly used when a couple break-up and get back together. In these circumstances, it offers some form of protection if things go wrong again. It can also form a part of a reconciliation process to help save a marriage.