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.
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.
Side by side
| Prenuptial agreement | Postnuptial agreement | |
|---|---|---|
| When signed | Before the wedding or civil partnership | Any time after it |
| Legal test | Radmacher: freely entered into, full appreciation, fair | Identical |
| Time pressure | The wedding date can create pressure; sign ≥ 28 days before | None — which can make a postnup easier to uphold |
| Typical reasons | Protecting pre-marital assets, inheritances, business interests, family money | Ran 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 advice | Required | Required |
| Cost | Fixed fee | Fixed 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- You have a prenup that is out of date.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?
Can a postnup deal with an inheritance one of us has just received?
Do we need a postnup if we have a prenup?
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 2605Prefer email? ey@notarypubliclondon.co.uk