The only real difference between a Prenuptial Agreement and a Postnuptial Agreement is the timing of when the agreement is entered into. A Prenuptial Agreement is entered into prior to your marriage taking place. A Postnuptial Agreement is entered into any time after you are legally married.

Whilst Pre and Postnuptial Agreements are not yet legally binding, they are persuasive and will be taken into account by the Court should your marriage break down and there be a disagreement on how to divide the matrimonial assets. These types of agreement are particularly important if either party has come to the marriage with substantial assets that they would like to protect.

When determining whether or not to uphold these types of agreement, the Court will take into account a number of factors. These include whether or not the agreement is fair, whether you had full and frank disclosure prior to entering into the agreement and whether you both had independent legal advice.

Reviewing your Prenup

It’s advisable that a Prenuptial Agreement should be reviewed on a regular basis.

During your marriage, your assets may change over time. You therefore may enter into a Prenuptial Agreement and then a Postnuptial Agreement once you have been married for a few years.

It’s also important to review your agreement after you have children. Any settlement contained within it would need to consider their needs as well.

If you need advice on a Pre or Postnuptial agreement, our Family Solicitors in Rochdale can help. Give us a call on 01706 644187.