FAQs
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What is a prenup?
A prenup is an important document that has legal consequences. It works a bit like an insurance policy, helping you and your partner to plan in advance what will happen if your relationship breaks down after marriage. A prenup can make the process of divorce easier, cheaper and less stressful.
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What is a postnup?
A postnup is common where there might be a key change in a person’s financial position during a marriage or civil partnership, such as receiving inheritance or selling a business.
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Should I get a prenup?
The main reason why people enter into a prenup or postnup is that they have something to protect. This might be a business, property or investment.
Even if you don’t have something to protect immediately, you may be anticipating a future windfall or inheritance and a prenup can help you to plan ahead.
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When should I get a prenup?
Ideally, you should try to see a solicitor at least three months before your wedding to ensure that the prenup can be signed 28 days before you get married.
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Is a prenup legally binding?
While such agreements aren’t legally binding under the law of England and Wales, they can be highly persuasive to a court.
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Is a prenup unromantic?
While there may well be more romantic topics to discuss ahead of your wedding day, entering into a pre-nuptial agreement is a common and sensible precaution if you wish to create legal and financial certainty in the event of a future separation.
As every prenup is a bespoke document, you and your partner can collaborate on what goes into it — and it may even help you to agree some of the financial arrangements for your life together.
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Can I change a prenup after marriage?
Prenups can be reviewed or revised following marriage. Some agreements might be reviewed after a significant event, such as redundancy, bankruptcy or the birth of a child.
By reviewing the agreement, you’re ensuring that the terms are still fair and reasonable. It’s essential that any marital agreement meets the needs of any children and their main carer.
Once a couple are married, the revised agreement will then be known as a post-nuptial agreement (or postnup).