Prenups and postnups

Prenup vs postnup: what is the difference?

The only real difference is timing. A prenuptial agreement is signed before the wedding; a postnuptial agreement after it. The courts in England & Wales apply the same test to both. Which one you need depends on where you are.

✔ Drafted by a practising solicitor✔ One fixed fee, quoted before you commit✔ Notarisation & apostille available for use abroad✔ England & Wales

In short: a prenup and a postnup do the same job — recording how you would divide assets if the marriage ended — and since Radmacher v Granatino (2010) both are assessed on the same basis: was it freely entered into, with full understanding, and is it fair. A postnup is the right tool when you are already married, when the wedding is too close to sign a prenup safely, or when circumstances have changed since a prenup was made.

Home › Prenup vs postnup: what is the difference?

Side by side

Prenuptial agreementPostnuptial agreement
When signedBefore the wedding or civil partnershipAny time after it
Legal testRadmacher: freely entered into, full appreciation, fairIdentical
Time pressureThe wedding date can create pressure; sign ≥ 28 days beforeNone — which can make a postnup easier to uphold
Typical reasonsProtecting pre-marital assets, inheritances, business interests, family moneyRan out of time before the wedding; circumstances changed; reconciliation after difficulties; inheritance or business event during the marriage; updating an old prenup
Disclosure and independent adviceRequiredRequired
CostFixed feeFixed fee — usually the same

When a postnup is the better choice

  • The wedding is weeks away. Rather than sign a rushed prenup, marry first and sign a postnup on the same terms without the pressure.
  • You are already married and something has changed: an inheritance, a business, money from parents going into a home, or one of you stepping back from work to raise children.
  • You have a prenup that is out of date. A postnup can replace or vary it — most prenups contain a review clause for exactly this.
  • Reconciliation. Couples who have been through difficulties sometimes use a postnup to agree the financial terms on which they will continue.

Is a postnup harder to get out of?

If anything, the reverse. Because there is no wedding bearing down on the parties, the "freely entered into" limb of the test is easier to satisfy. The court still looks at fairness at the time of divorce and will not enforce an agreement that leaves a party or the children without their needs met — the same limit that applies to prenups. See are prenups legally binding?

Converting a prenup into a postnup

If you signed a prenup but circumstances have changed, do not simply amend it by hand. A new postnuptial agreement, with fresh disclosure and advice, is the way to vary or replace it, and it records that both of you reconsidered the terms as married people.

Questions people ask

Frequently asked questions

We married abroad. Can we still make a postnup in England?
Yes, if you are living in England & Wales or your assets are here. If you may divorce elsewhere, we will draft with that in mind and can notarise the agreement for use abroad.
Can a postnup deal with an inheritance one of us has just received?
That is one of the most common reasons for a postnup: agreeing that an inheritance, or family money going into a property, stays with the person who received it.
Do we need a postnup if we have a prenup?
Only if circumstances have changed or a review clause has been triggered. Many prenups say they should be reviewed on the birth of a child or after a set number of years.

Call us and tell us what you need

Tell us when the wedding is, where you both live, and roughly what you each own. We will tell you what the agreement needs to cover and quote one fixed fee — before you commit to anything.

Call 020 7499 2605

Prefer email? ey@notarypubliclondon.co.uk