Jo Carr-West comments on pre-nuptial and post-nuptial agreements in Tatler

Jo’s comments were published in Tatler. 27 June 2023, and can be seen here.

Jo Carr-West, Partner in our Family & Relationships department, highlights the growing role of post-nuptial agreements as a pragmatic response to changing personal and financial circumstances within marriage.

She explains that while pre-nups and post-nups now carry equal legal weight, post-nups are particularly valuable when a pre-nup was signed under time pressure or when life events, such as illness, career changes, or significant shifts in wealth, alter the couple’s financial landscape.

Jo also notes that post-nups can play a constructive role in reconciliation, offering clarity and reassurance to both parties after a period of difficulty. Rather than signalling the end of a relationship, she frames post-nups as a tool for thoughtful planning and mutual protection.

The article underscores a broader shift in how post-nups are perceived, less as a precursor to divorce and more as a form of financial foresight. Experts agree that these agreements are increasingly used in contexts like inheritance planning, business valuations, or international relocations.

Jo advises that while it’s not always necessary to have both a pre- and post-nup, updating an agreement to reflect current realities can strengthen its enforceability. The key, she and others stress, is to approach the conversation with care, ideally in a neutral setting and as part of wider financial planning. Framing the agreement as a form of insurance, something you hope never to need, can help partners see it as a responsible and even relationship-strengthening step.

Read the full article on the Tatler website [external link].