<p>A postnup is not legally binding in England and Wales. The Court will look at several factors when considering whether or not to uphold a postnuptial agreement and hold the parties to its terms, including whether or not the agreement is fair. The Court are likely to give effect to an agreement that is entered into freely with full appreciation of the implications unless, in the circumstances, it would not be fair to hold the parties to that agreement.</p>
<p>Beyond this, the Court will consider whether each party has freely and knowingly entered into the agreement and obtained independent legal advice and whether it has provided for any future changes. It is always advisable to have the agreement reviewed every 5 years.</p>