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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

A post nuptial agreement?

4 replies

Fantasiatallis · 06/07/2021 21:54

My dh and I may be separating, it’s looking more and more likely. I’ve been a sahm with a (seasonal) part time income for well over a decade. He earns at least 8 times my annual income working full time. Two primary dd, one with sen that I get dla for.

He wants us to get a post nuptial agreement, so that we can clarify what each other’s financial status would be, were we to separate.

What is the difference between this and just getting mediation?

OP posts:
ThisIsStartingToBoreMe · 08/07/2021 11:52

A post nuptial agreement is a court agreed financial order whereas mediation is really just negotiation.

So if you can't agree on the split you can still go to mediation if you want.

Mia85 · 08/07/2021 12:02

@ThisIsStartingToBoreMe

A post nuptial agreement is a court agreed financial order whereas mediation is really just negotiation.

So if you can't agree on the split you can still go to mediation if you want.

No a post nuptial agreement is decided between the parties just like a pre nuptial agreement. It is not a court agreed order and it is not strictly binding, although it might be very influential if the parties were to divorce and apply for a court order. It would only be influential if the OP and her H have independent legal advice and full finanical disclosure etc. If he's trying to get you to sign something you draw up together it's unlikely to achieve what he wants, especially with the children involved. But I would be very careful OP, he's clearly trying to limit his risk and it's very dfficult to see what benefit you would get from this. I would only agree if an expert family lawyer positively advised you that the agreement was in your favour.
Mia85 · 08/07/2021 12:08

This might be helpful OP separ8.co.uk/family-law/separation-agreements/

Whatonearth07957 · 08/07/2021 14:22

Don't do it OP.
Get legal advice to see what a financial separation would look like. You can then mediate to agree it. If you stay together then do the post nup accordingly. You will both need legal advice anyway so you can frame it like that.

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