Which is better – a pre-nup or a post-nup?

26 May, 2017

Whether you decide to enter into a pre-nuptial agreement (before you marry) or a post-nuptial agreement (after you marry), depends very much on your circumstances.

The key benefit of a pre-nuptial agreement is that it avoids any accumulation of joint assets before there is an agreement in place as to how they are to be dealt with if the relationship were to break down.  It means that you enter into the marriage knowing exactly how all your assets, joint or otherwise, are to be divided.

However, in the lead up to your wedding entering into an agreement may be an additional pressure which you may not be able to give your full attention to.  You should expect to be held to a pre-nuptial agreement which complies with prescribed criteria.  There is a risk that one party after the wedding could try to argue that they signed the agreement under duress, because it was the only way to get married.  This argument of course works both ways, and the person with the wealth could of course argue that they wouldn’t have got married if the pre-nuptial agreement had not been signed.  A post-nuptial agreement can avoid the pressure of the wedding day being a factor in the negotiations and subsequent signing of the agreement.

A post-nuptial agreement can be useful where there has been a change in circumstances following the marriage, or where you are experiencing relationship difficulties.  The agreement would set out how your assets were to be divided if you divorced, leaving you and your partner able to focus your efforts on repairing your relationship rather than the financial uncertainty of its breakdown.

Please contact Claire Tollefson on 01892 506191 or Claire.tollefson@crippspg.co.uk for a free, no obligation telephone call to discuss whether a pre-nuptial or post-nuptial agreement is appropriate for you.