Powered by Lexis+®
Jurisdiction(s):
United Kingdom

Related Glossary Terms

CASE STUDY

“Because of the pure breadth and depth of black letter law research and practical guidance that LexisNexis provides, we don't have to rely on counsel as much as perhaps firms that don't use LexisNexis.”

KaurMaxwell

Access all documents on Post-nuptial agreement

Post-nuptial agreement meaning

Published by a LexisNexis Family expert
What does Post-nuptial agreement mean?
A post-nuptial agreement (postnup) is a contract made by spouses or civil partners after marrying/entering a civil partnership, setting out how assets, income, debts and pensions will be owned, managed or divided during the relationship and on separation, divorce or dissolution. It commonly covers financial provision, property adjustment, maintenance, inheritance and business interests, and may include provision for children. Across the UK and Ireland the term is descriptive rather than statutory. In England and Wales and Northern Ireland, post-nuptial agreements cannot oust the court’s jurisdiction on financial remedies/ancillary relief (Matrimonial Causes Act 1973; Matrimonial Causes (NI) Order 1978), but under Radmacher v Granatino they are given weight if entered into freely, with full financial disclosure and independent legal advice, and if fair at enforcement, particularly where children’s needs are met. In Scotland, a post-nuptial minute of agreement is generally binding as a contract, subject to the court’s power to set aside or vary an agreement that was not fair and reasonable when made (Family Law (Scotland) Act 1985, s16). In Ireland, such agreements are not determinative: the court must make proper provision on divorce or judicial separation, but may have regard to a fair, informed agreement.
Speed up all aspects of your legal work with tools that help you to work faster and smarter. Win cases, close deals and grow your business–all whilst saving time and reducing risk.

View the related Checklists about Post-nuptial agreement

CHECKLISTS
Employment settlement agreements for employers: drafting checklist covering statutory validity, tax (PENP/£30,000), pensions, shares/options, directors, public sector controls, covenants, confidentiality, references and adviser requirements

The employer and its advisers ought to reflect on the following matters: Preparatory steps From the employer, gather: a copy of the departing employee’s latest employment contract and any other documents setting out contractual terms (note: these might sit within a staff handbook) particulars of the employee’s contractual benefits pertinent details about the employee’s pension entitlements information on any shares/share options held by the employee; review the Articles of Association, any relevant shareholder agreement, and share scheme documentation. See also Shares and share options below Status of negotiations Will discussions occur directly between the parties, or via their respective legal advisers? How robust is the employer’s bargaining position? How credible are the employee’s existing or potential claims? For any dismissal, is there a fair reason and has a fair procedure been followed? Is the employer in repudiatory breach? What is the employer initially...

Read More Right Arrow
CHECKLISTS
Trade mark coexistence agreements: practitioner checklist for drafting, negotiation and heads of terms, covering online use, domain names, post‑Brexit comparable marks, warranties and governing law

This Checklist pinpoints the principal provisions commonly found in a trade mark coexistence agreement. It may serve as a prompt for matters to address when preparing, assessing, or negotiating these arrangements. It can be relied upon as a list of points to review at drafting stage, during review, and throughout negotiations and sign-off process. It may equally be tailored as heads of terms to capture core positions whilst a full trade mark coexistence agreement is finalised. For help on doing so, see Precedent: Heads of terms—commercial contracts. For a model coexistence agreement, see Precedent: Trade mark coexistence agreement. For further detail on factors to weigh when drafting a coexistence agreement, see Practice Notes: Trade mark coexistence agreements and Negotiation guide—trade mark coexistence agreement. Checklist Points to consider Further information Notes (if any) (A) Key commercial considerations ☐ Parties Verify which entities will sign the agreement—specify who owns the trade marks (and related rights) and who is exploiting them. Confirm each party’s legal form and...

Read More Right Arrow
CHECKLISTS
Tenant lease surrender: comprehensive checklist and procedure covering premiums, tax, underleases, consents, releases, dilapidations and registration (England and Wales)

This Checklist highlights principal actions and considerations for a tenant weighing up surrendering its lease to its landlord. It is not comprehensive, and you should always assess whether further matters arise that require attention in your specific situation, including any fact-specific risks or obligations. This guidance proceeds on the basis that the following apply: the surrender is by express agreement and not effected by operation of law, and no immediate re-grant in favour of the tenant will follow the surrender You can read this Checklist alongside Practice Note: Lease surrenders and Checklist Surrender of lease—acting for the landlord—checklist. How to use this Checklist Although the mechanics of a lease surrender broadly resemble a sale and purchase in commercial terms (the tenant effectively sells and the landlord buys), notable distinctions remain. The opening section (Key issues) identifies the main points for review, with additional explanation provided in the Procedure table below for handling a lease surrender, in more detail for...

Read More Right Arrow

View the related News about Post-nuptial agreement

NEWS
Singapore: SIAC administrative decisions—DMZ v DNA [2025] SGHC 31 confirms no back-door court appeals; seek institutional reconsideration first, with challenges reserved for the award.

DMZ v DNA [2025] SGHC 31 What are the practical implications of this case? Administrative acts by arbitral bodies can be susceptible to review where neither the institution’s rules, the lex arbitri, nor the arbitration agreement expressly or implicitly bar it. Such decisions must be taken lawfully, with respect for procedural fairness, the institution’s own rules, the applicable lex arbitri and the contractual terms governing the arbitration. Where an institution issues an administrative ruling that carries no right of appeal or review, a party aggrieved by that outcome ought to invite the institution to revisit its position under an express, or an implied, power to reconsider (paras [40]–[45]). Any court challenge is unlikely to succeed if the unhappy party failed first to request reconsideration by the institution. Instead of mounting a direct challenge where the rules foreclose one, parties may allow the decision to remain in place and seek measures to neutralise its consequences. Here, the court determined that the sole permissible route to contest the decision was to...

Read More Right Arrow
NEWS
United States pauses ‘reciprocal’ tariffs for 90 days; raises China duties to 104%; baseline 10% tariff remains; WTO challenge expected

After unveiling a pause to tariff hikes on Truth Social, President Donald Trump told reporters at the White House that he believes China wants to reach an agreement but is unsure how to proceed (Pool via AP). On the platform, he said more than 75 nations had contacted US government officials to explore talks on tariff and non-tariff barriers, prompting him to implement a 90-day suspension of the higher reciprocal rates. Those increases had begun at 12:01am on Wednesday 9 April 2025... However, he noted the 10% global baseline levy on imports from all countries will remain in effect during the suspension. The executive order updating the reciprocal tariffs was not issued immediately. In his social media post, Trump added that increased tariff rates on China would apply at once, citing what he described as a lack of respect China has shown to the world’s markets. In response to the president’s reciprocal tariffs, China announced last week that it would introduce countermeasures and pursue a legal case at the...

Read More Right Arrow
NEWS
UK public law weekly update: Brexit reset and Gibraltar deal; key judicial review and ECHR rulings; procurement, subsidy control, FOI and data protection—5 March 2026

In this issue: Brexit headlines Brexit SIs Post-Brexit transition guidance Constitutional and administrative law Judicial review Equality and human rights Public Procurement Subsidy control and State aid Information law Other Public Law news LexTalk®Public Law: a Lexis®Nexis community Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Brexit headlines The Foreign Affairs Committee urges a White Paper on the UK-EU reset and the publication of the Dynamic Alignment Bill. Its Third Report of Session 2024–26, From a Common Understanding to Common Ground: Building a UK EU Strategic Partnership fit for the future, assesses the government’s approach and progress on reconfiguring UK-EU relations. Aimed at shaping parliamentary scrutiny of the next phase of UK-EU engagement, it lands while discussions with the EU and internal cross-government efforts continue. The Committee concludes that, although the Lancaster House summit in May 2025 created a platform...

Read More Right Arrow

View the related Practice Notes about Post-nuptial agreement

PRACTICE NOTES
EU-UK Strategic Partnership 2025: Proposed trade framework covering steel quotas, SPS dynamic alignment, fisheries to 2038, youth and business mobility, mutual recognition of professional qualifications, ETS linkage and CBAM

This Practice Note offers practical direction on the recently unveiled trade arrangement between the United Kingdom (UK) and the European Union (EU). Introduction On 19 May 2025, at the inaugural UK–EU Summit, the EU and UK revealed a new trade deal. Termed the Strategic Partnership, the arrangement is intended to build upon the Withdrawal Agreement, the UK–EU Trade and Cooperation Agreement and the Windsor Framework. For materials, see: For guidance on trade in goods under the UK–EU Trade and Cooperation Agreement, see Practice Note: Trade in goods under the UK–EU Trade and Cooperation Agreement. For guidance on trade in services under the UK–EU Trade and Cooperation Agreement, see Practice Note: Trade in services under the UK–EU TCA—an overview. For guidance on the Windsor Framework, see Practice Note: Joint Decision for Windsor Package to commence. The new deal is not yet finalised. Rather, the EU and UK have settled on a path for their negotiations towards a trade agreement. The...

Read More Right Arrow
PRACTICE NOTES
UK post-Brexit e-commerce in financial services: E-Commerce Exit Regulations 2019, revocation of RAO Article 72A, run-off regimes, TPR/FSCR, and FCA temporary transitional powers - quick guide

This quick guide to e-commerce and financial services outlines current UK law and retained EU law on financial services e-commerce obligations that were changed and/or cancelled by the Electronic Commerce and Solvency 2 (Amendment etc.) (EU Exit) Regulations 2019, SI 2019/1361 (the E-Commerce Exit Regulations), together with other measures made at the end of the implementation period after the UK’s withdrawal from the EU. The summary below explains the Brexit arrangements for onshoring EU rules applicable to e-commerce financial services providers following Brexit. Overview of onshored and preserved EU-derived law post-IP completion day The E-Commerce Exit Regulations 2019 were laid on 25 March 2019. They sit within HM Treasury’s programme of statutory instruments under the European Union (Withdrawal) Act 2018 EU(W)A 2018, addressing contingency planning for a ‘no deal’ Brexit. These Regulations contribute to domesticating EU law so that legal continuity is maintained at the moment the UK leaves the EU. EU(W)A 2018 ‘onshores’ and keeps in force most EU and EU-derived legislation as it existed immediately before...

Read More Right Arrow
PRACTICE NOTES
Statutory annual leave carry-over in Great Britain: Working Time Regulations 1998, 2024 reforms, sickness, family leave and employer duties, with pre-2024 case law and termination pay

Statutory paid holiday In Great Britain, workers have a legal entitlement to 5.6 weeks’ paid annual leave under the Working Time Regulations 1998 (WTR 1998), SI 1998/1833. It should be recognised from the start that this is made up of two components: a core entitlement of four weeks’ paid annual leave (often called ‘Euro leave’) (WTR 1998, SI 1998/1833, reg 13), and an extra 1.6 weeks’ paid annual leave (WTR 1998, SI 1998/1833, reg 13A) Different rules apply to irregular hours and part-year workers for holiday years beginning on or after 1 April 2024. For further details, see Practice Note: Statutory paid holiday—irregular hours workers and part-year workers. For the position in Northern Ireland, which has its own Working Time Regulations (Northern Ireland) 2016, SI 2016/49, see Practice Note: Employment law in Northern Ireland—Working Time Regulations and holidays. The basic four-week entitlement reflects the UK’s implementation of the EU minimum in Article 7 of Directive 2003/88/EC (the Working Time Directive),...

Read More Right Arrow

View the related Precedents about Post-nuptial agreement

PRECEDENTS
Executive director service agreement (Scotland): comprehensive precedent with drafting options, covering remuneration, benefits, confidentiality, IP, garden leave, change of control, and post-termination restrictive covenants

This Agreement is executed on [ date ] Parties 1 [ Name of company ] , a company constituted in [ Scotland ] bearing registered number [ number ] with its registered office at [ address ] (the Company ); and 2 [ Name of employee ] , of [ address ] ( you )...

Read More Right Arrow
PRECEDENTS
Short-form employment settlement agreement template (English law) with termination payments, waiver of claims, confidentiality, permitted disclosures, and adviser certificate

This Agreement is made on [ insert date ] Parties [ Insert Employer’s name ], whose registered office is at [ insert Employer’s address ], company registration number [ insert Employer’s company number ] (Employer); [ Insert Employee’s name ] of [ insert Employee’s address ] (you). The parties agree: Termination of employment 1.1 Your employment with the Employer [ will terminate OR terminated ] owing to [ insert reason for termination ] on [ insert date ] (Termination Date). 1.2 For the period up to and including the Termination Date, you [ will be OR have been ] paid your accrued basic salary (less deductions for income tax and primary class 1 (employee) National Insurance contributions ( PAYE Deductions )) and [ will have OR have ] received your contractual benefits [ , including a payment of £[ insert amount ] in respect of [ insert number ] days’ accrued but untaken holiday entitlement ] [...

Read More Right Arrow
PRECEDENTS
Precedent buyer board minutes for exchange on private share purchase: approve SPA and ancillary documents, authority to sign, optional consideration shares/loan notes and listed-company circular (UK)

Board minutes—private M&A—share purchase—exchange—buyer Company no: [insert company number]. [insert company name] [Limited OR plc]. Board meeting at [insert place] on [insert date] at [insert time]. [insert name] chaired, confirmed due notice and quorum. Business: to consider and, if appropriate, approve documents and matters for the Company’s proposed purchase of the entire issued share capital of [insert target name] Limited from [insert seller name] [Limited OR PLC], subject to conditions, including any required shareholders’ approval. Directors declared interests per CA 2006 and the Articles; quorum and voting confirmed. Key documents tabled included the draft sale and purchase agreement, any loan note instrument, disclosure letter, stock transfer form(s), voting power of attorney, circular and proxy (if relevant), verification notes and responsibility documents, consents, irrevocable undertakings, announcement and ancillary papers. The board noted conditions precedent and long‑stop; consideration (cash, loan notes and/or consideration shares); warranties/indemnities with time limits, caps and thresholds, subject to disclosures; post‑completion non‑compete/non‑solicit; and key loan note terms (interest, redemption, guarantee/security, convertibility). RESOLVED...

Read More Right Arrow

View the related Q&As about Post-nuptial agreement

Q&As
Can first party solicitors amend the counterparty’s attestation clause post‑signature?

In answering this Q&A The research is confined to situations in which a company has duly executed one counterpart of a contract, yet the witnessing clause for the other party’s execution is completed incorrectly...

Read More Right Arrow
Q&As
Suitable alternative employment: continuity and pay in pre-start gap

If an employee dismissed by reason of redundancy is invited to return to their former post, or to take up another position (with the same employer or an associated employer), and they resume work within four weeks of the previous employment ending, they are treated as not dismissed and have no entitlement to a redundancy payment (section 138(1) of the Employment Rights Act 1996 (ERA 1996)). For more detail, see Practice Note: Renewal of contract, re-engagement and trial periods. On whether an employee’s continuity of employment is preserved during the interval between the old role ending and the new role commencing in those circumstances, see, generally, the following Practice Notes: Continuity of employment How to determine continuity of employment Working out an employee’s period of continuous employment with an employer is relevant to qualifying for certain statutory rights under the Employment Rights Act 1996 (ERA 1996). There is a prescribed approach to calculating continuity that overrides any agreement between employer and...

Read More Right Arrow
Q&As
EU Subcontractor Staff in UK Construction: Visa Options and Risks

For the purposes of this Q&A, we have not taken into account the EU–UK Trade and Cooperation Agreement (TCA), as it is not directly enforceable; it is for the UK to give effect to its terms (insofar as not already addressed by the European Union (Future Relationship) Act 2020). For further detail, see News Analysis: Implementing the TCA—business immigration implications. As the EU citizen employees fall outside the EU Settlement Scheme and are not eligible for a frontier worker permit, the main immigration options to review are: Intra-Company Skilled Worker Visitor T5 International Agreement Worker Each category is discussed in more detail below. Intra-Company routes The Intra-Company routes allow organisations with connected overseas entities to transfer certain staff to their UK offices. From 1 January 2021, these routes cover EEA and Swiss citizens as well as non-EEA citizens. Both routes require a minimum period of prior employment with the overseas linked entity. As the EEA citizens are engaged...

Read More Right Arrow