Prenuptial agreements help protect assets and set financial expectations, but life doesn’t always stay the same. If circumstances change - like a new business, an inheritance, or having children - you might wonder if your prenup can be updated. The good news? It can. In this guide, we cover when and how a prenup can be modified, contested, or even cancelled.
Can you change a prenup after marriage?
Yes, you can - but only if both you and your spouse agree. In the UK, this is usually done with a postnuptial agreement (or postnup), which works the same way as a prenup but is signed after the wedding.
To update a prenup, you’ll need to:
Agree on the changes with your spouse.
Sign a postnup that reflects the new terms.
Make sure it’s legally valid so it holds up in court.
If both partners are on board, the process is usually straightforward. But since legal requirements must be met, getting advice from a solicitor can help ensure the new agreement is fair and enforceable.
Can a prenup be contested during a divorce?
Yes, a prenup can be contested during divorce proceedings. Although prenups are not automatically legally binding in the UK, courts take them seriously if they meet certain legal criteria.
Common reasons for contesting a prenup include:
Unfair terms: If the prenup heavily favours one party over the other, the court may consider it unjust.
Failure to disclose assets: If one party did not fully disclose their finances before signing, the agreement could be challenged.
Lack of legal advice: If either party signed the agreement without independent legal advice, the court may view it as invalid.
Pressure or coercion: If one party was forced or pressured into signing, the prenup may not be upheld.
Significant changes in circumstances: If there has been a major change (such as the birth of children), the court may consider modifying or disregarding the prenup.
Can a prenup ever be updated?
Yes, a prenup can be updated at any time before or after marriage if both parties agree. Updating a prenup is beneficial in situations such as:
A change in financial circumstances (e.g. inheritance, business growth).
The birth of children, requiring financial adjustments.
A significant change in either spouse’s income or assets.
A mutual decision to revise existing terms to reflect current needs.
To update a prenup, a postnuptial agreement can be drafted and signed, ensuring that any modifications are legally recognised. When in doubt a dedicated prenuptial agreement solicitor can help organise this for you.
What makes a prenup legally binding?
While prenups aren’t automatically enforceable in UK courts, they are more likely to be upheld if they meet key legal standards:
Independent legal advice: Both parties must have their own solicitor to ensure they fully understand the agreement.
Full financial disclosure: Each partner must openly share details of income, assets, debts, and pensions to prevent later disputes.
Signed at least 28 days before the wedding: A last-minute prenup may be challenged as coerced or unfair.
Fair and reasonable terms: The agreement should not leave one party in financial hardship or be heavily one-sided.
No undue pressure: Both parties must freely agree without feeling pressured or disadvantaged.
When to seek legal help
There are several situations where seeking legal advice about a prenuptial agreement is essential. If you need to update or cancel an existing prenup, a solicitor can help ensure the changes are legally valid and protect both parties' interests. Similarly, if you have concerns about whether a prenup is fair or enforceable, getting expert legal guidance can clarify your rights and options.
During a divorce, if one party wishes to contest the prenup, legal representation is crucial to challenge or defend its terms effectively. Additionally, if your financial or personal circumstances have significantly changed since marriage, you and your spouse may want to create a postnuptial agreement to reflect new agreements. A family law solicitor can guide you through this process, ensuring that any agreement is fair, properly drafted, and meets legal standards, reducing the risk of future disputes.
FAQ
Can a prenup be cancelled?
Yes, but only if both you and your partner agree. You may need to sign a formal document - such as a deed of revocation - to make it clear that the prenup is no longer valid.
Can a court ignore a prenup?
Yes. If the court thinks the prenup is unfair, one-sided, or wasn’t properly handled (for example, if one person didn’t get legal advice), it can choose to disregard some or all of the agreement.
Can a prenup protect future assets?
Yes. A well-drafted prenup can include plans for future earnings, inheritances, or business assets, making it clear how they should be treated if you ever separate.
Final thoughts
Prenups aren’t just about protecting assets - they’re about providing peace of mind. But life changes, and your agreement might need to change too. Whether you’re looking to update, challenge, or cancel a prenup, knowing your options is key. If in doubt, getting legal advice ensures your agreement stays fair, valid, and suited to your current circumstances. Taking the right steps now can help avoid complications later, giving you financial security and clarity for the future.
Disclaimer: This article only provides general information and does not constitute professional advice. For any specific questions, consult a qualified legal professional.