Post-Nuptial Agreements

9th March 2010
Post-Nuptial Agreements image

Post-Nuptial Agreements

In our article on Pre-Nuptial Agreements of July last year we reported a Court of Appeal decision which may serve to increase the possibility of Pre-Nuptial Agreements being enforced by the Courts on subsequent divorce/dissolution of civil partnership of the parties.

Pre-Nuptial contracts are agreements couples enter into before marriage/civil partnership in an attempt to agree how assets should be divided in the event of their divorce/dissolution of civil partnership.

Post-Nuptial Agreements are agreements parties enter into after their marriage/civil partnership governing future arrangements for their marriage/civil partnership.

The decision of MacLeod v MacLeod [2009] 1 FLR 641 makes it clear that there is nothing to prevent a married couple from entering into financial arrangements governing their life together by entering into a Deed governing their future rights in the event that the marriage should fail.  Presumably therefore by the same token the Courts would adopt the same approach for partners in a civil partnership.

The MacLeod case concerned a couple who entered into a Pre-Nuptial Agreement before their marriage and then a Post-Nuptial Agreement after their marriage confirming that they still intended to be bound by the Pre-Nuptial Agreement subject to certain variations.

Whilst this area of law is by no means certain there is a clear move towards the English Courts allowing couples to make their own decisions regarding the division of assets on separation.

For more information contact Anita Toal of our Family Team.

Free Wills Month in October image

Free Wills Month in October

Maples are pleased to announce that they are taking part in Free Wills Month throughout October. If you are aged 55 or over you can make your Will for free and have the opportunity to help one or more of the sponsoring charities in the process. Appointments are limited in number and are allocated on a first come first served basis.

For further details please contact a member of our Wills and Probate Department:-

Jane Mawer-
Jamie Dobbs-
Faye Blair-

Or telephone the office 01775 722261 and ask to speak with one of the team.

Read More


Gemma Mayer LLB

"I would highly recommend Maples Solicitors, especially Gemma Mayer, for any conveyancing work. The level of support and professionalism was excellent at all times. I also felt if I needed to ask or clarify anything that it was not an issue. Buying and selling a house is stressful enough, but Gemma helped me through it step by step."

Anita Toal LLB BA

"I think you are brilliant. You can use my comments above. You are efficient, friendly and quite clearly very good at what you do. Mainly you don’t leave people hanging around too long for." "So easy to talk to her and she understood what I wanted. She put me at ease and I cant thank her enough"

James Turner BA

James Turner was extremely helpful with our buying process. Everything went smoothly. We are very happy with the level of professionalism demonstrated by the office. Highly recommended solicitors. Will definitely do business with them again.

Daven Naghen LLB

"Daven provided an excellent service, from attending the first interview with me to the final court appearance. He filled me full of confidence that he would defend me to which he did and come out with an excellent outcome in view of my position that I had put myself in."

Faye Blair LLB

Faye was excellent, sensitive and acted very well to the time constraints we faced. Great service and dealt with compassion at such sad times made the process less painful very professional.

Jamie Dobbs GCILEx

Over the last forty years I have cause to deal with many law firms both in a personal and professional capacity, including some ‘top’ London Companies. In all of those dealings I have never found anyone as proactive and so willing to offer help and advice as Jamie Dobbs. During the last two years Jamie guided my parents through the completion of Lasting Powers of Attorney. Helped myself with the use of the LPA and recently dealing with Probate and Estate Administration following their death.

Mike Pepper MA

Mike Pepper gave us excellent advice. He was always most helpful and accommodating giving lucid explanations every step of the way. Thank you Mike.

Donna Sandison FCILEx

Donna has been helpful and professional every step of the way during the process. Always on hand to answer any queries and totally professional and friendly at all times.