Remarrying After Divorce? Don't Overlook Your Pension

If you’ve been through a divorce and are considering remarriage or entering into a civil partnership, safeguarding the assets you’ve worked hard to build, particularly your pension, is likely to be a key consideration.

For many people, a pension is one of their most valuable assets. If it was taken into account during a previous divorce settlement, or you have spent years rebuilding your financial position, it is understandable to want reassurance that your retirement plans remain secure.

One way to help protect your position is through a prenuptial agreement (prenup). A prenup is a legal agreement entered into before marriage that sets out how assets should be treated if the relationship later breaks down. It can include specific provisions relating to pensions, helping to protect benefits accrued before the marriage and preserve the financial security you have worked hard to achieve.

Although prenuptial agreements are not automatically binding in England and Wales, the courts are increasingly willing to uphold them where they have been properly prepared, entered into freely, and supported by full financial disclosure and independent legal advice. When drafted correctly, they can provide valuable certainty and help manage expectations from the outset.

If you are already married, a postnuptial agreement (postnup) may offer similar protection. A postnup is entered into after marriage and can help clarify how pensions and other assets would be dealt with should the relationship end in the future. For many couples, it provides reassurance and reduces the potential for uncertainty later on.

It is important to remember that any agreement must be fair and tailored to your individual circumstances. Consideration should also be given to the needs of any children, whether from a previous relationship or the marriage itself. As circumstances change, including changes to finances, family arrangements or retirement plans, it is sensible to review any agreement to ensure it continues to meet your objectives.

Remarrying should be an exciting new chapter, not a source of financial concern. Seeking specialist advice on a prenup or postnup can help you protect your pension, preserve the outcome of previous financial settlements, and move forward with confidence about your long-term financial future.

If you are considering remarriage and would like advice on protecting your pension and other assets, it is important that you speak to a specialist family solicitor, who can ensure you are given the right advice, alongside a specialist financial adviser such as ourselves.