Post Marriage Prenup Template for England and Wales

A Post Marriage Prenup allows you to establish clear financial arrangements with your spouse after marriage, providing legal certainty about asset division and financial responsibilities. In England and Wales, these agreements have gained significant legal recognition following the Supreme Court's decision in Radmacher v Granatino, which established that courts should give effect to nuptial agreements when they are freely entered into and fair.

When do you need this document?

You typically need a Post Marriage Prenup when circumstances change after marriage, such as receiving a significant inheritance, starting a business, or acquiring substantial assets. Many couples also create these agreements when they realise they should have had a prenuptial agreement before marriage but didn't arrange one in time. If you're concerned about protecting family wealth, business interests, or want to ensure fair provision for children from previous relationships, this document becomes essential. Additionally, couples who have experienced financial disputes or want to clarify their ongoing financial arrangements often benefit from formalising these agreements.

Key legal considerations

Your Post Marriage Prenup must include comprehensive financial disclosure from both parties, covering all assets, liabilities, income, and financial interests. The agreement should clearly define how current and future property will be divided, including specific provisions for the family home, investments, pensions, and business interests. Both parties must receive independent legal advice before signing, and this must be documented within the agreement. The document should address potential changes in circumstances, such as children, career changes, or inheritance. You must ensure the agreement is entered into freely without undue pressure or duress, as courts will scrutinise the circumstances surrounding its creation.

Legal requirements in England and Wales

Under the Matrimonial Causes Act 1973, particularly sections 23-25, courts have discretionary powers when making financial orders upon divorce. While your Post Marriage Prenup isn't automatically binding, the Radmacher v Granatino decision established that courts should uphold these agreements unless it would be unfair to do so. The agreement must meet the fairness test outlined in section 25 of the Matrimonial Causes Act, considering factors such as the welfare of children, each party's financial resources, and their contributions to the marriage. You must ensure proper execution with witnesses, and the document should specify that English and Welsh law governs the agreement. The Civil Procedure Rules may also apply if the agreement becomes subject to court proceedings, so proper documentation and legal compliance are crucial for enforceability.