Daily Express

More say ‘I do’ to post-nup to secure their inheritanc­e

-

COUPLES are demanding post-nuptial agreements as they seek to hang on to their inheritanc­e should they end up getting divorced.

A growing number in their late 40s, 50s and 60s have inherited money from their parents or expect to do so, and want to keep it separate from their partner, says Osbornes Law.

Like the better known pre-nuptial agreement, a post-nup sets out a couple’s financial arrangemen­ts should the marriage collapse.

Couples with elderly parents are using them to protect a potential inheritanc­e or gifts, said family law partner Joanne Wescott: “Though happily married, both feel the inheritanc­e should not be split equally if they divorce. Significan­t sums are usually at stake.”

While inherited wealth is not automatica­lly treated as a matrimonia­l asset to be split 50/50, a post-nup gives couples more certainty about how it will be treated by the courts. Wescott said: “Ultimately the courts still decide but will generally take account of a post-nup.”

While many people use an inheritanc­e to pay off a joint mortgage on the family home or buy an investment property, they do not want to lose that if they separate later.

Wescott said a post-nup can bring peace of mind: “While it may be a difficult conversati­on to have with your other half, my experience is that couples tend to be in agreement about inheritanc­es and gifts from family, especially if it goes on to benefit children of the marriage.”

Courts will only take account of a post-nup agreement if each spouse entered into it freely, understood what it involved, made full financial disclosure and took independen­t legal advice, she added.

 ?? Picture: GETTY ?? PROTECTIVE PAPERWORK: A post-nuptial agreement will guard money passed down from family
Picture: GETTY PROTECTIVE PAPERWORK: A post-nuptial agreement will guard money passed down from family

Newspapers in English

Newspapers from United Kingdom