Prenup vs Postnup: what is the difference?

Prenup vs Postnup: what is the difference?

Do you have any questions about Prenups? Contact us today for your free 30 minute consultation.

Questions to be answered in this article

Prenup vs Postnup: what is the difference?

The only difference between the two agreements is that prenups are entered into before marriage whereas postnups are formed after marriage, while the couple are married.

When should I consider a nuptial agreement?

  • Where the wealth of the parties is not equal.

  • Where there are family businesses involved.

  • Where one of the parties has significant inheritance prospects, or may benefit from gifts from their family.

  • Where there are parties with assets acquired during previous marriages and/or relationships that they would prefer to ring fence, in particular for children of a previous union.

  • When both parties are bringing assets into the marriage, and they both agree that anything acquired prior to the marriage remains the property of that spouse. 

  • Parties with future wealth prospects, such as those with trust funds or careers that could be stellar. 

  • International clients who want a nuptial agreement to mirror one that they have had drawn up in a foreign jurisdiction where such agreements are commonplace.

  •  Where there are existing debts.

Do you have any questions about Prenups and Postnups? 

Contact us today for your free 30 minute consultation.

Can I amend a nuptial agreement at a later date?

It is advisable that both agreements are reviewed every few years to check that they take account of the latest situation (For example there may have been a change of financial circumstances).

If a prenuptial agreement needs to be changed once the couple is married, this will be superseded by a postnuptial agreement.

How can a Solicitor help with prenups / postnups?

At Goughs Solicitors, our Family lawyers are specialists in preparing and negotiating the terms of both prenuptial and postnuptial agreements.

If you wish to set up or check an agreement in order to protect your assets in the event of divorce, our experienced team can provide valuable support. For more information, contact us.

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