Updating Your Prenup: When and How to Make Changes
10th April 2025
Prenuptial agreements, commonly known as prenups, are becoming increasingly popular in the UK for outlining asset division and financial responsibilities in the event of divorce. However, life is unpredictable, and circumstances change, so updating your prenup may become necessary.
Sarah Johnson, Solicitor in our Family Law team at Myers & Co, explains the importance of reviewing and updating your prenuptial agreement to reflect any significant changes in your life.
Understanding Prenuptial Agreements in the UK
In the UK, prenuptial agreements are not automatically legally binding. However, they have gained significant recognition in recent years, especially following the landmark case of Radmacher v Granatino (2010).
The Supreme Court ruled that prenups should be given decisive weight if they are entered into freely and with full understanding by both parties, unless it would be unfair to hold them to their terms.
When to Update Your Prenup
There are several situations where updating your prenup might be necessary:
- Significant Change in Financial Circumstances: If there is a substantial change in either party’s financial situation, such as a significant increase in income, acquisition of new assets, or a financial setback, it may be wise to update the prenup to reflect these changes.
- Birth of Children: The arrival of children can significantly impact financial responsibilities and priorities. Updating the prenup to include provisions for child support and child arrangements can help ensure that both parties’ interests are protected.
- Health Issues: If one party experiences a significant health issue that affects their ability to work or requires substantial medical expenses, updating the prenup can help address these new financial realities.
- Career Changes: Major career changes, such as one partner deciding to leave the workforce to care for children or a significant promotion, can also necessitate an update to the prenup.
How to Update Your Prenup
Updating a prenuptial agreement involves several steps:
- Mutual Agreement: Both parties must agree to the changes. This is crucial as a prenup cannot be unilaterally altered.
- Drafting a Postnuptial Agreement: In the UK, changes to a prenup are typically formalised through a postnuptial agreement (postnup). A postnup works similarly to a prenup but is signed after the marriage.
- Legal Advice: Both parties should seek independent legal advice. This ensures that both understand the implications of the changes and that the agreement is fair and enforceable.
- Full Financial Disclosure: Just like with the original prenup, both parties must fully disclose their financial situations. This transparency helps prevent future disputes and ensures that the agreement is based on accurate information.
- Formalising the Agreement: Once the terms are agreed upon, the postnup should be drafted and signed in the presence of legal representatives. This helps ensure that the document is legally sound and more likely to be upheld by the courts.
Legal Considerations
While prenups and postnups are not automatically binding in the UK, they are increasingly considered by courts, especially if they meet certain criteria.
The courts will look at whether the agreement was entered into freely, with full understanding, and without any undue pressure. They will also consider whether the terms are fair and whether both parties had independent legal advice.
How Can Myers & Co Help?
At Myers & Co, we understand the importance of keeping prenuptial agreements up to date. Our legal team can assist in drafting a postnuptial agreement that reflects your current situation. If you need to update your prenup, our solicitors provide independent legal advice to ensure modifications are legally sound and fair. We are committed to helping you achieve peace of mind and clarity in your marital agreements.
For further information, please contact Sarah Johnson, Solicitor in our Family Law team at Myers & Co, on 01782 491025 or email sarah.johnson@myerssolicitors.co.uk. Myers & Co has offices in Stoke-on-Trent, Staffordshire.
