Pre-Nuptial & Post-Nuptial Agreements FAQs

A prenup is an important document that has legal consequences. It works a bit like an insurance policy, helping you and your partner to plan in advance what will happen if your relationship breaks down after marriage. A prenup can make the process of divorce easier, cheaper and less stressful.

A postnup is common where there might be a key change in a person’s financial position during a marriage or civil partnership, such as receiving inheritance or selling a business.

While such agreements aren’t legally binding under the law of England and Wales, they can be highly persuasive to a court.

While there may well be more romantic topics to discuss ahead of your wedding day, entering into a pre-nuptial agreement is a common and sensible precaution if you wish to create legal and financial certainty in the event of a future separation.

As every prenup is a bespoke document, you and your partner can collaborate on what goes into it — and it may even help you to agree some of the financial arrangements for your life together.

The main reason why people enter into a prenup or postnup is that they have something to protect. This might be a business, property or investment.

Even if you don’t have something to protect immediately, you may be anticipating a future windfall or inheritance and a prenup can help you to plan ahead.

Ideally, you should try to see a solicitor at least three months before your wedding to ensure that the prenup can be signed 28 days before you get married.

Prenups can be reviewed or revised following marriage. Some agreements might be reviewed after a significant event, such as redundancy, bankruptcy or the birth of a child.

By reviewing the agreement, you’re ensuring that the terms are still fair and reasonable. It’s essential that any marital agreement meets the needs of any children and their main carer.

Once a couple are married, the revised agreement will then be known as a post-nuptial agreement (or postnup).