Postnuptial Agreements

Whether you are married or in a civil partnership, you may wish to clarify how your assets will be dealt with in the event of a divorce or dissolution. A legally recognised postnuptial agreement can help you do just that, offering a clear and practical framework for financial arrangements should your relationship come to an end.

Postnuptial agreements can provide lasting financial security, reduce the potential for future disputes, and offer clarity and reassurance during what can otherwise be an emotionally and financially uncertain time. By clearly defining how property, savings, pensions and other assets will be divided, these agreements help protect your interests and promote fairness on both sides.

At Walker Foster, we offer calm, expert advice tailored to your individual circumstances. Our experienced matrimonial finance solicitors will work with you to prepare an agreement that reflects your priorities and gives you peace of mind for the future.

How Walker Foster can assist with postnuptial agreements

At Walker Foster, we understand that entering into a postnuptial agreement can feel like a sensitive and sometimes complex decision. Our experienced team of solicitors are here to provide calm, practical and expert support, guiding you through the process with care and clarity. We work closely with you to draft a legally sound agreement that reflects your personal wishes and provides long-term peace of mind.

Asset distribution

We provide clear advice on how assets such as marital property, savings, investments and pensions will be dealt with in the event of a divorce or dissolution. By setting out these arrangements in advance, we help you safeguard your financial future and reduce the risk of uncertainty or dispute further down the line.

Spousal support

We help you consider and agree the terms of any future spousal maintenance payments. Whether ongoing financial provision is anticipated or a clean break is preferred, we create terms that are fair, well-structured and suited to your individual circumstances.

Business Assets

If either party owns or has a stake in a business, we offer specialist advice on how best to protect those interests. We take the time to understand the nature and structure of the business, offering tailored legal solutions that minimise disruption and preserve long-term value.

Debt Division

We guide you in determining how debts - whether incurred before or during the marriage - should be treated. Our approach is grounded in fairness and transparency, helping both parties feel protected and informed.

Throughout the process, we remain committed to delivering clear communication, honest advice and a respectful, supportive service. Whether your financial arrangements are straightforward or more complex, you can trust Walker Foster to provide dependable legal expertise and a personal, professional approach. Our goal is to give you confidence, clarity and control - now and for the future.

At Walker Foster, we bring our expertise and commitment to helping you navigate the complexities of cohabitation agreements with confidence.

Get in touch

What is a postnuptial agreement (UK)?

A postnuptial or post marital agreement is a written contract entered into by a married couple or civil partners after their marriage or civil partnership has begun. Much like a prenuptial agreement, postnuptial agreements address how their assets, finances and responsibilities will be divided in the event of a separation or divorce. The key distinction is that a postnup is created after the legal union has taken place.

Although postnuptial agreements are not automatically legally binding in England and Wales, they can carry significant weight in court if certain conditions are met. These include both civil or marital partners entering the agreement voluntarily, with a full understanding of its implications, and having received independent legal advice. Such an agreement must also be fair and reflect the needs of both individuals of the civil or marital relationship at the time it is enforced.

While not a legally binding document, a well-prepared postnuptial agreement attracts a lot of weight in the courts, also offering clarity and reassurance to couples by helping them to avoid potential disputes and protect their respective interests with confidence. At Walker Foster, we take the time to understand what matters most to you, providing expert legal advice that is personal, practical and grounded in your best interests. With our supportive and professional guidance, you can move forward with greater confidence and peace of mind about your future.

Our approach to postnuptial agreements

At Walker Foster, we offer clear, supportive and professional legal guidance throughout every stage of the postnuptial agreement process. Whether you are seeking to protect assets, provide clarity for the future, or strengthen financial understanding within your marriage, our team of solicitors are here to offer trusted legal advice that reflects your individual circumstances and priorities.

Initial discussion: we begin by speaking with you in confidence to understand your personal situation, your goals, and any concerns you may have. This first step allows us to provide advice that is both sensitive and tailored, giving you reassurance from the outset.
Full and frank financial disclosure: for a postnuptial agreement to be considered valid by the courts, both parties must provide a complete and honest account of their financial circumstances. We guide you through this disclosure process carefully, helping to enable transparency and fairness on both sides.
Independent legal advice: each party must receive their own legal advice from separate solicitors. We support our clients in obtaining truly independent guidance, helping to safeguard the integrity of the agreement and reduce the risk of future challenge.
Drafting and negotiation: we prepare a clear and well-structured agreement that reflects your shared intentions. Where negotiation is needed, we support a constructive and respectful dialogue that promotes fairness while protecting your interests.
Formalisation and signing: once all terms are agreed, we oversee the formal signing process and confirm that the agreement has been properly executed. While not an automatically legally binding agreement, a well-prepared and fairly negotiated postnuptial agreement is far more likely to be upheld by the courts.

At Walker Foster, we are committed to delivering peace of mind through specialist legal advice and clear communication. By working closely with you at every stage, we help you move forward with confidence, knowing your agreement is built on strong foundations and tailored to your needs.

For all legal needs, please speak to our friendly, professional team

Fill out our form

Postnuptial agreement FAQs

Can child custody be decided in postnuptial agreements?

While postnuptial agreements can provide clarity and certainty over financial matters in the event of hypothetical future divorce proceedings, they cannot be used to make legally binding decisions about child custody or arrangements for children. In the event of a separation or divorce, decisions regarding where a child lives, how much time they spend with each parent, and other welfare considerations are made based on what is in the child’s best interests at that time.

Children’s needs can change significantly as they grow, and the court must retain flexibility to respond to those changes. For this reason, any attempt to pre-determine child arrangements within a postnuptial agreement will not carry legal weight.

At Walker Foster, we understand that decisions involving children are often the most sensitive. Our family law team provides compassionate, practical guidance to help you navigate these matters with care and confidence, always focusing on what is right for your family.

What is the postnuptial cheating clause?

While not a formal legal term, a ‘cheating clause’ refers to a provision within a postnuptial agreement that outlines specific financial or legal consequences in the event of infidelity. This type of clause is included by some couples as part of a wider agreement signed after marriage, often with the aim of reinforcing trust and setting clear expectations around fidelity.

Typically, a cheating clause might state that if one partner is unfaithful, they would receive a reduced share of marital assets or be required to offer financial compensation to the other party. While such clauses can be emotionally significant, their enforceability is not guaranteed under UK law. Courts in England and Wales are not obliged to uphold punitive clauses, particularly if they are considered unfair or contrary to public policy.

At Walker Foster, we offer honest, thoughtful advice on the inclusion of any such provisions, creating your agreement to remain balanced, fair and focused on long-term financial clarity.

What is a postnuptial agreement cost?

UK legal fees for a postnuptial agreement can vary depending on several factors, including the complexity of your financial arrangements, the level of negotiation required, and the amount of legal advice and drafting involved. Agreements that involve business interests, overseas assets, or multiple income streams may require more detailed and tailored work than those with simpler financial circumstances.

At Walker Foster, we are committed to transparent pricing and will always explain our fees clearly from the outset. To gain a clearer understanding of the likely cost based on your specific situation, we invite you to get in touch with our friendly and experienced family law team. We’re here to provide guidance tailored to your needs and budget, with no pressure or obligation.

If you would like to speak with one of our experienced family law solicitors about pre- and postnuptial agreements, we’re here to help. Whether you’re seeking clarity, protection, or simply peace of mind, we offer trusted legal advice tailored to your circumstances.

Use our online contact form to get in touch with the team today – and take the first step towards securing your future with confidence.