Prenuptial agreements, or prenups, are signed before marriage to set out how a couple’s finances will be handled if the relationship breaks down. They can cover issues such as property ownership, business interests, debts and inheritance. But life is unpredictable, and many couples find that circumstances change after marriage. This raises an important question: can you change the terms of a prenup once you are already married?
Can you change a prenup after marriage?
In the UK, the answer is no – you cannot amend a prenuptial agreement once you are married. By definition, a prenup is signed before the wedding and cannot be altered afterwards. If circumstances have changed, the only way to update your financial arrangements is to create a new postnuptial agreement, often called a postnup.
Some prenups include review clauses, encouraging couples to revisit their financial planning after a number of years or following major life events such as children or business changes. However, even in these cases, the updated terms must be formalised in a postnuptial agreement to carry legal weight.
What is a postnuptial agreement?
A postnuptial agreement is a contract made after marriage, serving the same purpose as a prenup but reflecting the couple’s current situation. Like prenups, postnups are not automatically binding in the UK, but courts are increasingly willing to uphold them if they are considered fair, freely entered into and made with full financial disclosure and independent legal advice.
The postnup effectively replaces the prenup, giving both partners clarity and reassurance about what would happen to their finances if they later divorce or separate.
When to consider a postnup
There are many situations where a couple may wish to create a postnuptial agreement. These often arise when life circumstances shift significantly after marriage. Common triggers include:
- One spouse receiving a large inheritance or gift.
- The birth or adoption of children, altering financial responsibilities.
- Major changes in career, business ownership or income levels.
- Relocating abroad or acquiring property in different jurisdictions.
- Concerns about protecting family wealth or business interests.
A postnup can help reduce uncertainty, clarify responsibilities and protect both partners in the event of separation. For many couples, it also provides peace of mind and a sense of security during the marriage.
Assistance with your prenuptial agreement
While you cannot change a prenup once you are married, you can create a postnuptial agreement that reflects your new circumstances. Courts will generally respect these agreements if they are entered into voluntarily, with full financial disclosure, independent legal advice and fairness at the heart of the terms.
As family law experts, Osbourne Pinner Solicitor assists couples in reviewing their existing agreements and drafting postnups that are clear, enforceable and tailored to their needs. If your circumstances have changed since marriage, seeking legal advice now can help safeguard your future.
We offer a free 30-minute consultation to clear up some of the basics and set you on the right path. With offices in Harrow, Canary Wharf, Piccadilly Circus and Manchester, you can reach us easily in the capital and the north of England. Or you can speak to us remotely – it’s up to you.
Arrange a session today by calling 0203 983 5080, emailing [email protected] or filling out the form below.
