Can you change a Pre-Nup?

Once you are married, you can alter a prenup in situations where one or both parties could be experiencing changes in finances, career and/or health, or the introduction of children into the relationship.

Both parties must mutually agree to any alterations. Updating your agreement in this way can give both partners peace of mind that it still reflects their current situation and plans for the future.

Why you should change a prenup?

You may need to revisit your agreement after a significant change in finances, such as receiving an inheritance, selling or buying property, starting or exiting a business, or taking on substantial debt, so that what you agreed still fits your circumstances.

Family changes matter too: planning for children, having children, or supporting dependants can shift priorities and the fairness of earlier terms. Practical shifts like moving home, relocating abroad, or a notable change in employment or health can also mean the original wording no longer reflects reality.

If your wedding has already taken place and you have not already taken out a pre-nup, you can get a post-nup.

What Is a Postnup?

A postnup is an agreement made after the wedding that sets out how assets and finances, such as property, savings, pensions, and business interests, would be handled if you separate or divorce. It serves the same purpose as a prenup; the main difference is timing.

Practically, a postnup is also the mechanism couples use to refresh or replace earlier intentions once they are married, especially where circumstances have moved on since the prenup was signed or where a prenup was not completed before the wedding. 

They are commonly used when a couple didn’t finalise a prenup in. As with prenups, each partner should take independent advice and provide full financial disclosure to help the agreement carry weight later. 

Prenup vs Postnup

The key difference is simple: a prenup is signed before the wedding, a postnup is signed after. In both cases, UK courts look at familiar safeguards, fairness, independent legal advice, and full disclosure, when deciding how much weight to give the agreement.

Where those safeguards are met and the terms remain reasonable in light of current circumstances, courts are increasingly willing to respect what the couple agreed. 

How Can We Help?

If you are looking to update or change a prenup, or to put a postnup in place, we can review existing terms, advise on what needs to change, and draft a clear, up-to-date agreement that reflects your current circumstances.

Get in touch with our specialist family law solicitors and prenup agreement lawyers by calling 0116 247 2000, completing our contact form, or emailing info@smithpartnership.co.uk.

We also have experienced family law solicitors available at our offices across the East Midlands and Staffordshire, including Burton, Derby, Stoke-on-Trent, and Swadlincote.