It depends — an old prenup does not automatically become invalid, but it can still lose weight if your circumstances have changed a great deal since you signed it.
What can weaken an old agreement
A court judges fairness at the time of the divorce, not when the prenup was signed. So major changes — children, a big shift in finances, illness — can make an old agreement look unfair, and an unfair agreement carries less weight (see are prenups legally binding?).
How to check yours
Ask whether it still reflects your real situation and would still be fair today. If it has a review clause, it may be due. If a lot has changed, it is worth updating the position with a postnup (see what to include). Taking advice on an existing agreement is a sensible step before relying on it.
Is my prenup still valid years on?
An old prenup does not automatically become invalid, but it can still lose weight if your circumstances have changed a great deal. Because a court judges fairness at the time of the divorce, major changes — children, a big shift in finances, illness — can make an agreement that once seemed fair look unfair, and an unfair agreement carries less force. Check whether yours still reflects your real situation and would still be fair today; if a lot has changed, update it with a postnup.
Related questions
Does an old prenup still count?
Yes, unless it has become unfair (see are prenups legally binding?).
How do I refresh an old prenup?
Make a postnup, ideally prompted by a review clause (see prenup review clause).
Create your prenuptial agreement online
UK Prenup lets couples in England & Wales create a clear, fair prenuptial agreement online from £199, with your document generated instantly as a PDF. See how it works or get started.
UK Prenup is not a law firm and does not provide legal advice. A prenuptial agreement in England & Wales is not automatically binding, and both partners should take independent legal advice before signing.