Prenups and postnups

A prenup is a formal written agreement agreed by a couple before they get married, which sets out what they would like to happen financially in the event that their marriage subsequently breaks down. 

Prenups are not contractually binding, because on a divorce or dissolution of a civil partnership the court always retains the ability to reach a different decision if that's what is required to get a fair outcome. However, if prenups are drawn up carefully in accordance with guiding principles established by the courts, these will usually be upheld. Those principles include ensuring that the terms of the prenup are fully understood and expert legal advice is a key factor in that. 

A prenup that is properly drafted gives you certainty about how some or all of the financial consequences of a divorce will be dealt with. For example, it can set out clearly what should happen with assets that each of the couple already has before the marriage, perhaps by ringfencing them so they are not part of a future divorce, or the level of housing or maintenance to be provided. 

A prenup after marriage is called a postnup and they have all the same benefits of a prenup. They are often very helpful where a couple has run into problems in their marriage but want to try to make it work. A postnup can provide reassurance that if things go wrong again there will not need to be any argument about the divorce financial settlement and this can help the reconciliation to be a success.

If they are properly drafted, entered into freely with the benefit of suitable legal advice and are not obviously unfair on the financially less well off person then they are likely to be upheld if challenged in court on a divorce. 

It can feel unromantic to ask for a prenup. We understand that. When you're getting married you're hoping that you'll never have to worry about what happens on a divorce. But prenups have been common in many countries around the world for years and increasingly couples here are seeing the advantage of saying before they tie the knot what they want to happen if the marriage doesn't work out. Making those decisions when you are happy, trust each other and are thinking clearly makes more sense to many people than trying to deal with the fallout when things go wrong and emotions are running high.