My husband has asked me to sign an agreement called a postnuptial document. He says that he has to ask me to sign it as if I do not then his parents will not give us the money to buy a bigger house. I do not know why the agreement is necessary. I do not want to ask my in laws as I do not want to upset or embarrass them though I am feeling pretty upset about it all. Can you tell me if it is normal to be asked to sign a postnuptial agreement?

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Public Answer: 

Nowadays it is increasingly common for parents or parents-in-law to suggest that a son or daughter and their spouse signs a postnuptial agreement. That is because many older couples are helping their children to get on the property market or are giving money to help fund a larger house. Your parents-in-law have probably been given professional advice on the advisability of only going ahead with what is called lifetime gifting if there is a postnuptial agreement in place to protect their family money.
 
You will need legal advice on the postnuptial agreement, as it may not be in your interests to sign the document. Whether you should sign the agreement depends on the contents of the postnuptial agreement and your individual financial and personal circumstances. If you were to split up from your husband, the postnuptial agreement could limit your financial claims or might mean that it would be harder for you to stay at the family home. That is why it is important that you get legal advice before you sign the postnuptial agreement so you understand the implications of signing it.  
 
To discuss your situation and the proposed postnuptial agreement we would need to see you. We can give you expert advice on the proposed postnuptial agreement and advise you on the best way forward. Please call us on 0203 959 9123 to arrange an appointment to discuss how we can help you. 
 
The family law team at OTS Solicitors  
 
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