If you didn’t sign a prenup before your wedding, you might be wondering if it’s too late to put financial protections in place. The good news? You still can. A postnuptial agreement offers similar protections and can outline how assets, finances, and responsibilities would be divided if you ever separate. In this guide, we’ll explain how postnups work, how they compare to prenups, and why they can be a smart option for securing your financial future.
What is a prenuptial agreement?
A prenuptial agreement (prenup) is a legal contract signed by a couple before marriage, setting out how their assets, income, debts, and financial responsibilities will be divided if they divorce or separate. A prenup provides financial clarity and protects individual assets, such as property, business interests, savings, and inheritances, ensuring both partners understand their rights and obligations.
Although not automatically enforceable in UK courts, a fair and properly drafted prenup is more likely to be upheld, especially if both partners had independent legal advice and full financial disclosure.
Can you get one after marriage?
No, a prenuptial agreement has to be signed before the wedding. But if you’re already married and want similar legal protections, you can set up a postnuptial agreement instead. A postnup works much like a prenup - it sets out how assets and finances would be divided if you separate - but it’s signed after the wedding.
Can you still amend a prenup after marriage?
Yes, if you already have a prenup, you can amend or update it with a postnuptial agreement. This is often a good idea if your financial situation changes - such as receiving an inheritance, starting a business, or having children - so your agreement stays fair and relevant.
What is a postnuptial agreement?
A postnuptial agreement (postnup) is a legal document signed after marriage that outlines how assets, finances, and responsibilities will be divided if the couple divorces or separates. It provides financial clarity, reduces the risk of disputes, and ensures that both spouses understand their financial rights.
A postnup can be useful for:
Protecting pre-marriage or newly acquired assets (e.g. property, business interests, inheritance).
Clarifying financial responsibilities during the marriage.
Ensuring children from previous relationships are financially protected.
Providing financial security if one spouse has significantly more wealth or financial risk.
Is a postnuptial agreement still legally binding?
In the UK, postnuptial agreements are not automatically enforceable, but courts are more likely to uphold them if they meet key legal standards. A judge will consider the agreement valid if:
Both parties had independent legal advice before signing.
It was signed voluntarily, without pressure or coercion.
There was full financial disclosure, meaning both spouses were honest about their finances.
The terms are fair and reasonable, ensuring neither party is left in financial hardship.
💡Key takeaway: A well-written postnuptial agreement can hold up in court and give you financial peace of mind. If you’re considering one, getting advice from a family law solicitor can help make sure it’s fair, clear, and legally secure - so you know exactly where you stand.
Is a postnup as good as a prenup?
Feature | Prenuptial agreement | Postnuptial agreement |
|---|---|---|
When signed | Before marriage | After marriage |
Legally binding? | Considered by courts if fair | Considered by courts if fair |
Purpose | Protects assets before marriage | Protects assets acquired after marriage |
Flexibility | Can be amended by postnup | Can be updated as circumstances change |
Common use cases | Protecting pre-marriage assets, business interests | Addressing financial changes, inheritance, business growth |
👉 You can learn more in our full guide to pre and postnuptial agreements.
What can a postnuptial agreement cover?
A postnup can set out clear rules for how finances and assets will be handled if you ever separate. Here’s what it can include:
Division of property, savings and investments
Clarifies who keeps the family home, rental properties, savings, and investments if the marriage ends.
Can specify whether newly acquired assets will be shared or remain separate.
Protection of inherited assets
Ensures that inheritances remain with the intended recipient, especially if they are meant to stay within a family.
Can prevent a spouse from making a claim on assets passed down through generations.
Pension rights and future financial support
Outlines how pensions will be divided, helping both spouses plan for financial stability in retirement.
Can specify whether one spouse will provide ongoing financial support after separation.
Business ownership and interests
Protects a business or shares acquired before or during the marriage.
Ensures that ownership remains with the original spouse, preventing financial disruptions to the company.
Responsibility for debts and liabilities
Clarifies who is responsible for existing debts, loans, or financial commitments.
Prevents one spouse from inheriting the other's financial burdens.
Arrangements for spousal maintenance
Outlines whether one spouse will provide ongoing financial support (spousal maintenance) after divorce.
Ensures fairness in cases where one spouse sacrificed their career for the marriage or children.
FAQ
Can you make a postnuptial agreement at any time after marriage?
Yes, you can set up a postnuptial agreement at any point during your marriage - it doesn’t have to be done straight after the wedding.
Does a postnup hold up in court?
Yes, as long as it’s fair, both partners signed it voluntarily, and each had independent legal advice, a court is likely to take it seriously.
Can a postnup override a will?
No, a postnup won’t replace a will, but it can affect how financial assets are divided, so it’s important to keep both documents up to date.
Final thoughts
Although you cannot get a prenuptial agreement after marriage, a postnuptial agreement provides similar financial protections. Whether updating an existing prenup or creating a new agreement, a postnup can help safeguard assets and provide financial clarity. Seeking legal advice ensures that any agreement is fair, enforceable, and in line with UK law.
Disclaimer: This article only provides general information and does not constitute professional advice. For any specific questions, consult a qualified legal professional.