How to Use This Checklist
Click each checkbox to mark items as complete. Your progress is automatically saved to your browser. Use this checklist to verify every requirement before, during, and after creating your postnuptial agreement.
✅ Preparing Your Postnuptial Agreement
1. Before starting: Gather all financial documents — bank statements, property deeds, pension valuations, business accounts
2. While completing: Verify every section against all 78 compliance points for completeness
3. Before signing: Both spouses should obtain independent legal advice for enforceability
⚠️ Why Postnuptial Agreements Matter
💍 After Marriage Protection: Unlike prenups (before marriage), postnups are made during marriage to protect assets acquired since the wedding.
💰 Financial Security: Clarifies who owns what, how assets are divided on divorce, and protects business interests.
💼 Business Protection: Prevents business assets being split 50/50 if the marriage ends.
🏠 Property Division: Defines exactly how property (including the family home) will be divided.
👤 Changed Circumstances: Ideal after inheritance, business success, career changes, or reconciliation after difficulties.
🚫 Key Enforceability Factors
Full Financial Disclosure: Both spouses must disclose ALL assets, income, debts, and pensions. Hidden assets can invalidate the agreement. Independent Legal Advice: Each spouse should have their own solicitor — not required but courts give much more weight to agreements where both had advice. No Pressure or Duress: Neither spouse can be pressured into signing. Courts will set aside agreements signed under duress. Fairness: Courts can overturn postnups that leave one spouse in serious hardship, especially where children are involved.
🔵 Understanding Importance Levels
🔴 Critical: Should have — essential for enforceability
🟡 Important: Should have — significantly strengthens the agreement
🔵 Recommended: Nice to have — best practice for completeness
First Spouse's Full Legal Name
Complete legal name of the first spouse as shown on marriage certificate and official identity documents. This identifies one party to the post-nuptial agreement and ensures legal enforceability.
🔴 Critical
First Spouse's Date of Birth
Full date of birth for positive identification. Matches identity documents and ensures the correct person is party to the agreement. Important for pension provisions and age-related entitlements.
🔴 Critical
First Spouse's Current Address
Full residential address. Usually the matrimonial home if living together. Essential for service of legal documents and correspondence relating to the agreement.
🔴 Critical
First Spouse's Occupation
Current employment or business activity. Provides context for income disclosure and business interests. Helps demonstrate full financial transparency between spouses.
🔵 Recommended
Second Spouse's Full Legal Name
Complete legal name of the second spouse as shown on marriage certificate and official identity documents. Both spouses must be clearly identified for the agreement to be binding.
🔴 Critical
Second Spouse's Date of Birth
Full date of birth for positive identification. Matches identity documents and ensures the correct person is party to the agreement. Important for pension provisions and age-related entitlements.
🔴 Critical
Second Spouse's Current Address
Full residential address. Usually the same as first spouse if living together at matrimonial home. Essential for service of legal documents and correspondence.
🔴 Critical
Second Spouse's Occupation
Current employment or business activity. Provides context for income disclosure and business interests. Helps demonstrate full financial transparency between spouses.
🔵 Recommended
Date of Marriage
The exact date when the marriage took place. This establishes when marital rights began and is essential for calculating the length of marriage, which courts consider when dividing assets.
🔴 Critical
Place of Marriage
Where the marriage ceremony took place (venue and location). Helps verify the marriage and provides context. Must be consistent with marriage certificate.
🟡 Important
Date of This Agreement
The date when this post-nuptial agreement is being signed. Must be AFTER the marriage date. Unlike prenups, there's no 28-day rule, but both spouses should have adequate time to consider and obtain legal advice.
🔴 Critical
Children of the Marriage
Details of any children born or adopted during this marriage: names and dates of birth. Courts always prioritize children's welfare - any provision affecting children may be overridden. Essential for assessing fairness.
🔴 Critical
Previous Prenuptial Agreement Status
State whether you had a prenuptial agreement and if this post-nup is replacing, supplementing, or exists independently. Clarifies relationship between any existing agreements.
🟡 Important
Reasons for Creating Agreement
Document why you're creating this post-nuptial agreement: protect pre-marital or inherited assets, protect business interests, provide certainty, ring-fence family wealth, reconciliation after difficulties, or significant financial change. Courts give more weight when purpose is clear.
🟡 Important
Circumstances Triggering Agreement
What prompted this agreement: recent inheritance, business growth, reconciliation, purchase of property, birth of children, or change in financial circumstances? Context helps courts assess fairness.
🟡 Important
Voluntary and Informed Consent
Both spouses confirm they are entering this agreement voluntarily, without pressure, duress, or undue influence. Both understand the effect of the agreement and have had opportunity to obtain independent legal advice.
🔴 Critical
Intention to Be Legally Bound
Clear statement that both spouses intend this agreement to be legally binding and to influence court decisions on divorce. While courts retain discretion, this demonstrates serious intent.
🔴 Critical
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Bank Accounts and Cash Savings
Full disclosure of all bank accounts, building society accounts, and cash ISAs: account holder, institution name, account numbers, and current balances. Include joint and individual accounts. Hiding accounts invalidates the entire agreement.
🔴 Critical
Investments and Securities
All stocks, shares, bonds, investment ISAs, unit trusts, and investment portfolios. Include platform name, approximate value, and whether held individually or jointly. Full disclosure prevents later challenges.
🔴 Critical
Property and Real Estate
All property owned (family home, buy-to-let, overseas property, land): addresses, approximate values, mortgages, whether freehold or leasehold. Property is usually the largest asset and essential to disclose fully.
🔴 Critical
Business Interests
Ownership in any company, partnership, or sole trader business: company name, ownership percentage, approximate value, trading status. Business interests can be significant assets requiring protection or division.
🔴 Critical
Cryptocurrency and Digital Assets
Any cryptocurrency holdings (Bitcoin, Ethereum, etc.), NFTs, or other digital assets: platform, approximate value. Increasingly significant assets that must be disclosed even if held anonymously.
🟡 Important
Vehicles
All vehicles owned: cars, motorcycles, boats, caravans. Include make, model, registration, approximate value, any outstanding finance. While less significant, vehicles should be disclosed for completeness.
🔵 Recommended
Jewelry, Art, and Valuables
Significant valuable items: jewelry worth over £1,000, art, antiques, collections. Include approximate values and whether acquired before or during marriage. Inherited items particularly important to document.
🟡 Important
Life Insurance Policies
All life insurance policies with cash value or assigned in trust: provider, policy number, death benefit, cash value, beneficiaries. Policies with significant cash values are assets requiring disclosure.
🟡 Important
Trusts and Settlements
Any trusts where you are beneficiary or settlor: trust name, approximate value of interest, conditions of access. Trust interests can be significant even if not immediately accessible.
🔴 Critical
Other Significant Assets
Any other assets not covered above: business equipment, intellectual property, options, expected inheritances, overseas accounts. Complete disclosure is essential - include everything of value.
🟡 Important
Employment Income
Gross annual salary from employment, including bonuses, commission, and benefits in kind. Essential for assessing earning capacity and potential maintenance obligations. Include employer name and job title.
🔴 Critical
Business Income
Income from self-employment, partnerships, or business ownership. Last year's profit and expected current year. Important for maintenance calculations and demonstrates earning capacity.
🔴 Critical
Rental Income
Income from property rentals: gross annual rental income from all properties. Include property addresses. Rental income affects maintenance calculations and demonstrates additional earning capacity.
🟡 Important
Investment Income
Dividends, interest, and other investment returns. Annual amounts from all sources. Demonstrates passive income and overall financial position.
🟡 Important
Other Income Sources
Any other income: trust distributions, royalties, maintenance from previous relationships, benefits. Complete picture of all income streams essential for fair agreement.
🟡 Important
Mortgage Liabilities
All mortgages on all properties: property address, lender, outstanding balance, monthly payment, whether joint or individual liability. Mortgage debt usually the largest liability.
🔴 Critical
Credit Card Debts
All credit card balances: provider, approximate balance, whether joint or individual. Include store cards. Credit card debt affects net worth and should be fully disclosed.
🟡 Important
Personal Loans
All personal loans, student loans, car finance: lender, outstanding balance, monthly payment. Include loans from family members. All debts must be disclosed for complete financial picture.
🟡 Important
Business Debts
Business loans, business credit cards, director's loans. Important if you have personal liability or guarantees. Business debts can affect personal financial position.
🟡 Important
Other Liabilities
Tax liabilities, legal claims, guarantees given, any other financial obligations. Full disclosure of all liabilities essential for calculating true net worth.
🟡 Important
Workplace Pensions
All employer pension schemes: scheme name, provider, type (defined contribution or defined benefit), estimated value or projected annual pension. Pensions often the second largest asset after property.
🔴 Critical
Private Pensions and SIPPs
Personal pensions, SIPPs (Self-Invested Personal Pensions), stakeholder pensions: provider, current value. Include any pensions from previous employment not already disclosed.
🔴 Critical
State Pension Entitlement
Projected State Pension based on National Insurance contributions. While modest, forms part of retirement provision. Particularly relevant for older couples or those approaching retirement.
🔵 Recommended
Cash Equivalent Values (CEVs)
Obtain Cash Equivalent Transfer Values for all defined benefit pensions. Required for proper valuation of pension assets. Can be obtained from pension providers - essential for complete disclosure.
🔴 Critical
⚡
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Family Home Address and Value
Full address and current market value of the matrimonial home. The family home is usually the largest asset and often the most contentious. Obtain professional valuation or estate agent estimates.
🔴 Critical
Outstanding Mortgage
Mortgage balance on family home, lender, monthly payments, whether joint or single mortgage. Outstanding mortgage reduces net equity and affects division calculations.
🔴 Critical
Legal Ownership Structure
How property is registered: joint tenants (equal shares, survivor inherits) or tenants in common (defined shares, can leave in will). Current Land Registry ownership affects how property can be divided.
🔴 Critical
Property Division Intentions
How should family home be divided on divorce: sold and proceeds split 50/50, sold with unequal division, transferred to one spouse who buys out the other, deferred sale until children reach 18. Clear intentions guide court.
🔴 Critical
Contributions to Purchase
Who paid the deposit and what amounts? Were funds gifted, inherited, or from savings? Significant unequal contributions may justify unequal division, particularly if from pre-marital assets or inheritance.
🟡 Important
Children's Housing Needs
Acknowledgment that if children's welfare requires it, courts may override property provisions to ensure children have secure housing. Courts always prioritize children's needs.
🔴 Critical
Business Details and Ownership
Full details of any business interests: company name, nature of business, ownership percentage, when established (before or during marriage). Essential for determining whether to ring-fence from matrimonial assets.
🔴 Critical
Business Valuation
Current valuation of business interest. May require professional valuation for significant businesses. Essential for full disclosure even if business is to be ring-fenced from division.
🔴 Critical
Ring-Fencing Provisions
Agreement that business will remain with the owning spouse and be excluded from matrimonial asset division. Common for pre-marital businesses or family businesses. State clearly if business is protected.
🟡 Important
Income from Business Treatment
How income generated from the business is treated: retained by business owner, considered matrimonial income, or hybrid approach. Separates capital value from income flow.
🟡 Important
Family Business Considerations
If family business involving parents or siblings, acknowledge importance of keeping business within birth family. Courts more likely to uphold ring-fencing of genuine family businesses.
🔵 Recommended
Inherited Assets Received
List any assets already inherited by either spouse: source, approximate value, whether received before or during marriage. Inherited assets can often be ring-fenced from matrimonial division.
🟡 Important
Family Gifts Received
Significant gifts from family (e.g., deposit assistance, valuable items): donor, value, whether before or during marriage. Family gifts can be treated differently from matrimonial assets.
🟡 Important
Expected Future Inheritance
Disclosure of any substantial expected inheritances: approximate value, likely timing. While uncertain, expected significant inheritances should be disclosed and may affect agreement terms.
🔵 Recommended
Treatment of Inherited/Gifted Assets
Agreement on how inherited or gifted assets will be treated: ring-fenced and remain with recipient, or treated as matrimonial assets. Also covers income/growth from these assets.
🟡 Important
Maintenance Provision or Waiver
State whether either spouse will pay maintenance to the other on divorce, or whether both waive claims. Courts retain discretion - waiver only appropriate where both can be self-sufficient.
🔴 Critical
Maintenance Amount (if applicable)
If maintenance to be paid, state monthly or annual amount. Consider income differential, standard of living during marriage, and recipient's needs. Courts may vary if manifestly unfair.
🟡 Important
Duration of Maintenance
How long maintenance continues: until remarriage/cohabitation, for fixed term (e.g., 5 years), or for joint lives. Term maintenance aims for eventual clean break.
🟡 Important
Review Triggers
Circumstances triggering review of maintenance: significant income change, redundancy, retirement, serious illness. Allows flexibility while providing certainty about when reviews can occur.
🔵 Recommended
Clean Break Preference
Statement of preference for clean break (no ongoing maintenance) if both spouses can be financially independent. Courts favor clean breaks where appropriate as they provide finality.
🟡 Important
⚡
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Court Powers Over Children
Acknowledgment that courts retain full discretion to make orders for children's benefit regardless of this agreement. Children's welfare is paramount and overrides any agreement terms affecting them.
🔴 Critical
Child Maintenance Commitment
Commitment that child maintenance is separate and will be paid as required by law or agreement. Cannot contract out of obligations to support children - Child Maintenance Service can assess payments.
🔴 Critical
Children's Housing Needs
Acknowledgment that children's need for secure housing may affect property division. Courts can defer sale of family home or adjust division to ensure children's housing needs met.
🔴 Critical
Children from Previous Relationships
If either spouse has children from previous relationships, acknowledge these obligations and how they affect this agreement. Protection of children from previous relationships is valid consideration.
🟡 Important
Review Trigger Events
Circumstances triggering review: birth/adoption of child, significant inheritance (e.g., over £50,000), major income change, serious illness, business sale or substantial growth. Reviews ensure agreement remains fair.
🟡 Important
Amendment Process
How agreement can be amended: must be in writing, signed by both spouses, with independent legal advice recommended. Prevents informal verbal amendments that create uncertainty.
🟡 Important
Regular Review Timeline
Commitment to review agreement periodically (e.g., every 5 years) even if no trigger events occur. Particularly important for long marriages where circumstances change significantly over time.
🔵 Recommended
Mutual Agreement Required
Confirm that changes require agreement from both spouses - neither can unilaterally vary terms. Protects both parties from forced changes and maintains balance of agreement.
🔴 Critical
Separate Solicitors for Each Spouse
BOTH spouses must have their OWN solicitor. Sharing one solicitor fatally undermines enforceability. Each solicitor should be independent with no connection to the other spouse or their solicitor.
🔴 Critical
Advice on Effect of Agreement
Each spouse's solicitor must explain the effect of the agreement: what rights are being given up, what the agreement means on divorce, and whether terms are reasonable. Understanding is essential for enforceability.
🔴 Critical
Voluntary Nature Confirmed
Solicitors confirm each spouse is entering agreement voluntarily without pressure, duress, or undue influence. Any suggestion of pressure undermines enforceability.
🔴 Critical
Adequate Time to Consider
Both spouses have had adequate time to consider the agreement and obtain advice. No 28-day rule for post-nups, but rushing into agreement after brief consideration undermines enforceability.
🟡 Important
Solicitors' Certificates Obtained
Written certificates from both solicitors confirming they advised their client, explained the agreement, confirmed voluntary signing, and witnessed signature. Certificates are powerful evidence of proper process.
🔴 Critical
Both Spouses' Signatures
Agreement must be signed by both spouses with date. Signatures confirm both agree to all terms. Without both genuine signatures, agreement has no legal effect.
🔴 Critical
Witnessed Signatures
Each signature witnessed by independent witness (ideally each spouse's solicitor). Witness signs, prints name, and provides address and occupation. Witnesses verify identity and voluntary signing.
🔴 Critical
Date of Execution
Clear date when agreement executed. Must be after marriage date (this is a POST-nuptial agreement). Important for calculating review periods and understanding when terms were agreed.
🔴 Critical
Financial Schedules Attached
Detailed financial schedules attached showing each spouse's complete financial position: assets, income, liabilities, pensions. Schedules provide evidence of full disclosure - essential for enforceability.
🔴 Critical
⚡
Instant Download
You've Done the Research. Now Finish It.
Complete postnuptial agreement template — all clauses included, professionally drafted.
Fill in your details in minutes and you're done.
£10 — Own It Forever
Create Your Agreement Now
→
✅ 30-day money-back guarantee*
Preview before you buy • Lifetime updates • No subscription
Next Steps
Now that you've reviewed the compliance checklist, you have two options:
✅ Use Our Ready-Made Template
Create your postnuptial agreement with our professionally drafted template. Covers all 78 compliance points with full financial disclosure schedules, property division, business protection, and spousal maintenance provisions. Available in both Smart Interview (guided) and Classic Editor (direct editing) modes for just £10. Preview the full template with watermark before you buy. Get the template →
📝 Create Your Own Agreement
Use this checklist as your guide, but remember incomplete agreements are less likely to be upheld by courts — e.g. missing financial disclosure, no independent legal advice, or provisions that leave one spouse in serious hardship can all undermine enforceability.
🔗
Official Government Resources
Frequently Asked Questions
General information about postnuptial agreements in England & Wales
Do I need a solicitor for a postnuptial agreement?
Many couples complete postnuptial agreements without one. However, courts give significantly more weight to agreements where both spouses received independent legal advice. Our template is based on UK law and includes guidance throughout. Consider solicitor review for high-value estates or complex circumstances.
Is a postnuptial agreement legally binding?
Postnuptial agreements are not automatically binding in England & Wales, but courts give them significant weight following the Radmacher v Granatino case (2010). Courts will uphold them unless it would be unfair to do so, considering factors like full disclosure, independent advice, and whether circumstances have changed.
What's the difference between a prenup and postnup?
Prenuptial agreements are signed before marriage; postnuptial agreements are signed during marriage. Both serve similar purposes — protecting assets and clarifying financial arrangements. Postnups are useful when circumstances change after marriage, such as receiving an inheritance or starting a business.
What makes a postnuptial agreement more enforceable?
Key factors include: full financial disclosure by both parties, each spouse having independent legal advice, no pressure or duress, the agreement being fair at the time of divorce, and provisions for any children's needs being met. The more of these factors present, the more likely courts will uphold the agreement.
When should we review our postnuptial agreement?
Review every 3-5 years or after major life changes: birth of children, significant change in assets, inheritance, starting/selling a business, career changes, or health issues. Regular review ensures the agreement remains fair and relevant to your current circumstances.
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Disclaimer: This checklist is for general informational purposes only and does not constitute legal advice. While we strive to keep information accurate and up to date, the law is complex and subject to change. Every situation is unique. Last updated: May 2026.
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