Nuptial agreements whether prenuptial (made before marriage) or postnuptial (made after tying the knot) are invaluable tools for couples to set financial expectations in case the relationship breaks down. However, life rarely stands still after an agreement is signed. Regularly reviewing and updating your nuptial agreement is crucial to ensure it remains fair, relevant, and enforceable as circumstances change over time. In this article, we explain why you may want to update a prenup or postnup, highlight key life events that should trigger a review, and look at real cases where failing to update an agreement had significant consequences.
Why Regular Reviews of Nuptial Agreements Matter
A nuptial agreement is not a “set it and forget it” document. Revisiting your agreement periodically helps ensure it still reflects your current reality and intentions. Over the years, couples may experience major changes in finances, family, or law that could render an old agreement out-of-date or even unfair. An agreement that made sense at the time of signing might no longer provide adequate protection or might inadvertently harm one party if circumstances have shifted dramatically.
From a legal standpoint, prenups and postnups in England and Wales can last indefinitely, but they must remain reasonable and fair to hold up in court. If an agreement has grown one-sided due to new developments a judge may be less inclined to enforce it strictly. In fact, it’s recommended to include a review clause in the agreement for major changes (like having children or a health crisis) and to conduct a review roughly every few years to account for changes in law and ensure ongoing fairness.
Regular reviews also provide peace of mind. They force both spouses to communicate about finances and expectations as things evolve. This can prevent surprises and disputes down the road. Moreover, if the agreement is ever challenged in court, being able to show that you updated or at least revisited the terms can strengthen its enforceability. In short, a nuptial agreement only serves its purpose if it stays current with your life and that’s why reviewing it is so important.
Key Life Events That Should Trigger an Update
Certain significant life events or changes in circumstances should prompt you to revisit your prenuptial or postnuptial agreement. Here are some of the most common triggers for an update:
- Birth or Adoption of a Child: The arrival of children is a major game-changer. A prenup signed when you had no kids might not be fair once you do have a child. Many agreements even include a clause that the terms should be reviewed upon the birth of the first child. If you become parents, it’s time to ensure your agreement provides for the new family member’s welfare and reflects your new responsibilities. Courts have indicated that a nuptial agreement “cannot be allowed to prejudice the reasonable requirements” of any children.
- Significant Changes in Income or Assets: Perhaps one spouse gets a big promotion, a new job, or conversely loses a job. Maybe you receive a large inheritance or gift, or one of you starts a successful business venture. A dramatic increase or decrease in net worth is a good reason to update your agreement. You’ll want to address new assets (or debts) and ensure any division remains equitable given the new financial situation.
- Serious Illness or Disability: If either spouse develops serious health issues or disabilities, or if you take on the long-term care of an elderly or disabled family member, it can alter your financial needs and priorities. These situations might merit revising how assets and support obligations are arranged, to protect both partners under new circumstances.
- Relocation or Change in Applicable Law: Moving to a new country can affect how marital agreements are interpreted. Laws differ on property, child arrangements and divorce. Even if you stay put, laws themselves can change over time. It’s wise to review your nuptial agreement at least every few years to consider any changes in the law that might impact your agreement. Keeping the document in line with current legal standards will help ensure it remains effective and enforceable.
- Marital Difficulties or Reconciliation: Sometimes couples create a postnuptial agreement after a period of marital strain as a way to rebuild trust with clear terms going forward. If you’ve gone through a rocky patch or trial separation and then recommitted, it could be a smart move to update or reaffirm your agreement to reflect any new understandings. Similarly, if your goals or outlook as a couple shift (for example, you initially agreed to keep finances completely separate, but years later you’ve changed your approach), you may want to tweak the agreement accordingly.
By staying vigilant about these life changes, you can update your agreement before it becomes a source of conflict. Regular updates ensure the contract’s terms keep pace with your life and remain fair to both of you.
What Can Happen If You Don’t Update a Nuptial Agreement
Failing to review and update a nuptial agreement when circumstances change can lead to serious consequences. In the worst case, an outdated agreement might be challenged or set aside when you end up in court exactly what you hoped to avoid by having an agreement in the first place. Here are a couple of examples that highlight the importance of keeping nuptial agreements up to date:
- When a Prenup Wasn’t Updated After Children: In a recent high-value case in 2024, a couple had signed a prenuptial agreement about a month before their wedding. The husband was a business owner, and the prenup was meant to ring-fence his business assets in case of divorce. The agreement even included a “review clause” stating that if the couple had a child, they should revisit and possibly revise the terms. Fast forward a few years: the couple had two children, and the wife had left her corporate career to care for the young kids. No review ever took place after the children were born. When the marriage broke down, the wife argued that sticking strictly to the old prenup would not meet her or the children’s reasonable needs. The court agreed that circumstances had changed significantly meaning what was a fair arrangement before children was no longer fair when the wife was the primary caregiver with a much reduced earning capacity. The judge noted that the very inclusion of a child-related review clause showed the couple anticipated the original deal might not be fair after having kids. In the end, the court departed from the prenup’s terms and awarded the wife a substantially larger settlement than the agreement provided, to ensure she and the children were taken care of.
- When Changed Needs Overrode Multiple Agreements: In another notable case, a wealthy heiress and her husband had actually signed three nuptial agreements, a prenup and two postnuptial addendums, essentially aiming to ensure the husband could not claim against the wife’s family fortune. Despite these agreements, the couple’s circumstances evolved as they went on to have three children together, and by the time of divorce the husband’s financial position was dire having no assets and substantial debts, whereas the wife had significant wealth mostly tied up in a valuable family home. The agreements, if enforced strictly, would have left the husband with virtually nothing – effectively leaving the children with one parent living in “relative luxury” and the other in “relative penury,” as the judge put it. The High Court decided it could not leave the family in such an imbalance. Citing the principle that no nuptial agreement should be allowed to prejudice the children’s reasonable needs, the judge set aside the strict terms of the prenup and postnups. He ordered the wife to provide around £1.2 million to her ex-husband including about £900,000 to enable him to buy a suitable house where the children could stay with him, plus additional funds to pay off his debts. This solution meant that the children would have an adequate home with each parent, which the court deemed more important than rigidly following the outdated agreements.
- When there is a significant change in assets or income The Court of Appeal recently decided that the terms of a Prenuptial Agreement should not have been upheld because there had been a significant non-disclosure by the Wife at the time it was signed which rendered the Agreement unenforceable. It is not a huge leap to assume that the same might apply if an existing Nuptial Agreement is not reviewed and varied to reflect significant changes in the financial picture, for example if one of you receives a sizeable inheritance or other capital lump sum; or if there is a significant increase or reduction in the income of one or both of you. Such changes in circumstances may render the terms of the original Agreement unfair. There is an ongoing duty of transparency and full disclosure, and a Nuptial Agreement may well be invalidated by a failure to disclosure key financial information – both at the outset and during the course of the relationship.
Keeping Your Prenup/Postnup Updated
Just as it’s important to get expert legal advice when first drafting a prenuptial or postnuptial agreement, it’s equally wise to seek guidance when reviewing or updating one. DTM Legal’s family law team is here to assist you at every stage of your nuptial agreement’s life cycle. We have a wealth of experience in preparing bespoke nuptial agreements and can ensure yours is flexible enough to accommodate foreseeable changes in circumstances. Our solicitors understand that every couple’s situation is unique and we’ll sit down with you to discuss how changes in your life might affect your agreement, and we’ll advise on the best ways to amend or reinforce it so that it remains robust and fair. To speak to a member of our team call 0151 321 0000 / 01244 354 800 or email family@dtmlegal.com.
