go to link in header to ADVICE NOW.
settllents are based on “fair settlement “. These criteria (around10 of them) have to be met first. Not all will apply to your situation. Read up and find out which apply
you then needs to BOTH make full financial disclosures on form E /D81 - the court needs to see your combined assets before it can judge if what you are proposing in a “consent order “ (assuming you want to go that route and other half is cooperative) meets “fair settlement “
you cannot exclude any assets, irrespective of that pre nup, post nup or any nup, form that fancial declaration.
in your D81 you can try’s to explain why you’ve split the way you have, the ex’s instance of the post nup and show that “fair settlement “ is still being by and large upheld. In which court won’t find objection and will sign.
it helps to show you’ve BOTH taken legal advice to show you understand what your signing and the implication in the consent order.
BUT, if your proposed split, and the existence of trying to invoke the post nup, means “fair settlement” is not met then no court will seal it. “Fair settlement always comes first as this is the law.
so, generally post and pre nups are the preserves of those who have excess funds in divorce and are relatively wealthy.
“fair settllent” is law becuase it stops one party walking off with lion share of marital assets leaving the other party at risk of requiring state benefits in the future, they didn’t get before . So if your post nup means your ex is homeless and little money to pay for a home, nope, a court won’t agree. If it will mean you both walking away affording a home, pensions and secure income, then worded correctly and with evidence you’ve taken legal advice each and still agree, then likely a court would be ok to seal it.
the chances of court agreeing a settlement themselves (if you can’t agree on a consent order) and taking a post or pre nup into account is unlikely, unless agian, you’ve a high level of excess funds so “fair settlement “ is met in every way possible - these are the massive £million divorce settllement that hit the press. and run up fecking enormous solicitor bills in the process of a long fight,