[{"@context":"https:\/\/schema.org\/","@type":"Article","@id":"https:\/\/www.london-law.co.uk\/checklist-for-reviewing-an-existing-prenup-before-moving-to-england-and-wales-or-remarrying\/#Article","mainEntityOfPage":"https:\/\/www.london-law.co.uk\/checklist-for-reviewing-an-existing-prenup-before-moving-to-england-and-wales-or-remarrying\/","headline":"Checklist for reviewing an existing prenup before moving to England and Wales or remarrying","name":"Checklist for reviewing an existing prenup before moving to England and Wales or remarrying","description":"Moving to England and Wales or deciding to remarry raises important questions about whether your existing prenuptial agreement still protects you. Laws, family circumstances and assets change. Courts in England and Wales will consider a nuptial agreement when dividing finances, but they will scrutinise how the agreement was made and whether it remains fair at [...]","datePublished":"2025-11-07","dateModified":"2025-10-27","author":{"@type":"Person","@id":"https:\/\/www.london-law.co.uk\/author\/peter-ajlo\/#Person","name":"Peter AJLO","url":"https:\/\/www.london-law.co.uk\/author\/peter-ajlo\/","identifier":19,"image":{"@type":"ImageObject","@id":"https:\/\/www.london-law.co.uk\/wp-content\/litespeed\/avatar\/4e9ed8756d384157eb826e4bc67ffb46.jpg","url":"https:\/\/www.london-law.co.uk\/wp-content\/litespeed\/avatar\/4e9ed8756d384157eb826e4bc67ffb46.jpg","height":96,"width":96}},"publisher":{"@type":"Organization","name":"AlexanderJLO London Law","logo":{"@type":"ImageObject","@id":"https:\/\/www.london-law.co.uk\/wp-content\/uploads\/2018\/03\/ajlo-logo.png","url":"https:\/\/www.london-law.co.uk\/wp-content\/uploads\/2018\/03\/ajlo-logo.png","width":460,"height":275}},"image":{"@type":"ImageObject","@id":"https:\/\/www.london-law.co.uk\/wp-content\/uploads\/2025\/10\/shutterstock_2642823885.jpeg","url":"https:\/\/www.london-law.co.uk\/wp-content\/uploads\/2025\/10\/shutterstock_2642823885.jpeg","height":667,"width":1000},"url":"https:\/\/www.london-law.co.uk\/checklist-for-reviewing-an-existing-prenup-before-moving-to-england-and-wales-or-remarrying\/","about":["Family Law"],"wordCount":1997,"articleBody":"Moving to England and Wales or deciding to remarry raises important questions about whether your existing prenuptial agreement still protects you. Laws, family circumstances and assets change. Courts in England and Wales will consider a nuptial agreement when dividing finances, but they will scrutinise how the agreement was made and whether it remains fair at the time of enforcement. Use this practical checklist to review and update an existing prenup so it stays effective and reduces future uncertainty.Why you must review a prenup before relocating or remarrying– Different legal context: England and Wales treat prenups as persuasive but not automatically binding. Courts give weight to agreements when parties entered them freely had full disclosure and received independent legal advice. – Changed circumstances: Moving country, remarrying, acquiring new assets or having children can make old terms inappropriate or unfair. – Jurisdictional enforcement: A prenup valid where it was signed may lack effect in England and Wales without proper governing law, jurisdiction clauses or formalities. – Risk management: An up to date prenup reduces litigation risk and helps estate planning tailored to local tax and inheritance rules.Initial review: overview questions to answer first– When was the prenup signed and under which law? – Who drafted the prenup and did both parties get independent legal advice at signing? – Does the agreement include a governing law clause and a jurisdiction clause naming English courts or another jurisdiction? – Have significant life events occurred since signing such as children births deaths inheritances business sales or major career changes? – Do you or your partner now live in England and Wales or intend to take up habitual residence here? – Does the prenup reference assets now held in England and Wales or elsewhere overseas?If you can\u2019t answer these questions confidently, stop and obtain legal advice before taking further steps.Step 1 \u2014 check governing law and jurisdiction clausesWhy it mattersA governing law clause declares which legal system governs the agreement. A jurisdiction clause states which courts will decide disputes. These clauses influence how English courts treat the agreement and whether foreign courts enforce it.Checklist actions– Confirm the governing law and jurisdiction clauses. If the prenup names English law and English courts that strengthens its relevance here. – If it names another law or omits clauses, consult a specialist in international family law to assess recognition and enforcement risks in England and Wales. – Consider adding a choice of English law and exclusive jurisdiction for England and Wales if you plan to live here permanently.Step 2 \u2014 confirm formalities and evidence of advice at signingWhy it mattersEnglish courts value evidence that both parties received independent legal advice and that the agreement resulted from free negotiation rather than pressure.Checklist actions– Locate solicitor certificates, witness statements and any file notes from the original legal advisers. – If certificates are missing or inadequate, consider obtaining retroactive confirmations from the original solicitors if they still act or obtain new legal attestations if possible. – Confirm the signing formalities: were signatures witnessed, dated and were original signed copies retained? Keep originals safe.Step 3 \u2014 update asset schedules and required disclosureWhy it mattersAssets constantly change. English courts examine the disclosure existing at the time of signing and at the time of enforcement. Outdated schedules weaken a prenup\u2019s persuasive power.Checklist actions– Prepare an up to date schedule listing all assets and liabilities for both parties including bank accounts investments property pensions business interests trusts and crypto holdings. – Attach supporting documents: recent bank statements property deeds mortgage statements share certificates pension benefit statements tax returns and company accounts. – Identify assets located in England and Wales and provide UK titles, registration numbers or account references. – Record any contingent rights such as expected inheritances or options and provide documentary evidence where available.Step 4 \u2014 review pension provisionsWhy it mattersPensions often represent a significant portion of marital wealth and English courts consider pensions when achieving a fair outcome.Checklist actions– Identify all pension schemes including UK defined benefit and defined contribution schemes and foreign plans. Obtain up to date benefit statements and actuarial valuations if necessary. – Check whether the prenup addresses pension sharing, offsets or other pension equalisation methods. – If the prenup is silent or out of date on pensions consult a pensions specialist to model fair sharing options and amend the agreement if required.Step 5 \u2014 check business and professional practice protectionsWhy it mattersBusinesses create complex valuation, continuity and third party issues. English courts scrutinise arrangements that affect third party rights or business viability.Checklist actions– List all business interests, shareholdings directorships and related shareholder agreements or articles of association. – Confirm whether the prenup protects pre\u2011marital business assets and how it treats post\u2011marital growth. – Check whether the prenup takes account of third party investor rights lender covenants or regulatory restrictions that could impede enforcement in England and Wales. – If a sale, investment or restructuring occurred after signing update valuation clauses and buyout mechanics.Step 6 \u2014 consider inheritance, wills and estate planningWhy it mattersA prenup interacts with wills trusts and succession plans. Relocation to England and Wales may change intestacy rules tax exposure and probate practice.Checklist actions– Review and update your will to reflect the prenup\u2019s intentions, especially where you intend assets to pass to children from prior relationships. – Consider testamentary trusts or life interest trusts to protect beneficiaries where the prenup preserves separate inheritance. – Check whether beneficiary designations on life policies pensions or investment accounts align with the prenup and your wills.Step 7 \u2014 examine tax implications for transfers and buyoutsWhy it mattersTransferring assets between spouses or executing buyouts can trigger UK tax liabilities such as capital gains tax stamp duty land tax or inheritance tax consequences.Checklist actions– Obtain UK tax advice for likely transfer scenarios such as buyouts, property transfers or trust settlements. – Model tax costs and factor them into buyout formulas, valuation dates and payment schedules. – Consider whether alternative structures such as family investment companies or trusts improve tax efficiency while respecting the prenup.Step 8 \u2014 address foreign assets and cross\u2011border recognitionWhy it mattersForeign real estate, offshore accounts or trusts may require local formalities to be recognised in England and Wales or may remain governed by foreign law.Checklist actions– List foreign assets with jurisdiction, title numbers and local legal advisers\u2019 contact details. – Obtain local legal opinion where necessary to confirm how local law treats prenups, especially for immovable property where lex situs often applies. – Consider parallel postnuptial documents in relevant foreign jurisdictions if local formalities make a single English law prenup ineffective abroad.Step 9 \u2014 update clauses for digital assets and cryptoWhy it mattersDigital assets and crypto require specific custody, access and valuation clauses. Courts expect clarity about private keys wallets and valuation dates.Checklist actions– Add or update schedules for wallets, private keys domain names and accounts with identifying information where possible. – Set custody and access arrangements, including escrow with a solicitor or multi\u2011signatory solutions for significant holdings. – Define valuation methods and reference exchanges or rolling averages to manage volatility.Step 10 \u2014 verify child and maintenance provisions comply with UK lawWhy it mattersPrenups cannot oust the court\u2019s duty to protect children\u2019s welfare and the Child Maintenance Service or courts will assess child maintenance needs independently.Checklist actions– Ensure the prenup frames child related provisions as statements of intention rather than fixed, binding waivers of child maintenance or custody. – Include interim maintenance mechanisms, review triggers and trust provisions for capital needs while acknowledging the court\u2019s ultimate jurisdiction. – If you have children move to England and Wales ensure guardianship, schooling and housing plans align with local considerations and are reflected in wills.Step 11 \u2014 include review, sunset and update mechanismsWhy it mattersLife events such as remarriage births business sales or inheritances may make the original terms obsolete. Courts view review clauses favourably.Checklist actions– Add review triggers and timelines for reassessment after major events such as the birth of children receipt of inheritance or sale of a business. – Consider a sunset clause that terminates or modifies the prenup after a set period if that suits your objectives. – Provide a mechanism for converting the prenup into a postnuptial agreement if parties prefer to reaffirm terms after marriage.Step 12 \u2014 ensure proper execution with independent legal adviceWhy it mattersEnglish courts place heavy weight on evidence that both parties received independent legal advice and entered the agreement voluntarily.Checklist actions– Each party should obtain independent legal advice from a solicitor qualified in England and Wales before signing any updated or replacement agreement. – Include solicitor certificates that confirm advice and understanding and retain those certificates with the signed document. – Sign well before any wedding or remarriage date and ensure witnesses and formalities comply with local requirements.Step 13 \u2014 record keeping and documentary trailWhy it mattersA well organised negotiation file shows informed consent and helps a court to see the agreement evolved transparently.Checklist actions– Keep dated copies of all drafts correspondence valuations legal advice and disclosure packs in a secure folder. – Attach schedules and evidential documents to the prenup itself so the agreement stands as a complete record of the parties\u2019 position. – Store originals with solicitors, executors or secure safe deposit facilities and provide certified copies to relevant advisers.When to create a fresh postnuptial agreement instead– the existing prenup lacks essential formalities such as solicitor certificates or valid signatures; – material facts changed significantly since signing and the cost of amendment would approach the cost of a new agreement; – you remarry in England and Wales and want a document that English courts will treat under local law; – the original agreement used a foreign governing law that complicates recognition or enforcement in the UK.If you decide to replace the prenup treat the postnuptial drafting process with the same rigour: full disclosure independent legal advice valuations and formal signing well before critical dates.Conclusion: practical next steps– start the review early, especially before moving or remarrying; – collect and update all financial schedules and documentary evidence; – obtain specialist UK legal and tax advice to assess enforceability and tax consequences; – update or create governing law, jurisdiction and review clauses that reflect your plans to live in England and Wales; – ensure both parties receive independent legal advice and sign the final document under proper formalities.A thorough, well documented review protects both parties and increases the likelihood that English courts will respect your intentions. If you plan to move to England and Wales or to remarry here consult with us, experienced family law solicitor to guide the review, recommend amendments and help you execute a reliable, enforceable agreement.At Alexander JLO we have many years of experience of dealing with all aspects of family law and will be happy to discuss your case in a free no obligation consultation. Why not call us on\u00a0+44 (0)20 7537 7000, email us at info@london-law.co.uk or get in touch via the contact us button and see what we can do for you?This blog was prepared by Peter Johnson on 7th November 2025 and is correct at the time of going to press. With over forty years of experience in almost all areas of law Peter is happy to assist with any legal issue that you have. He is widely regarded as one of London\u2019s leading divorce lawyers. His profile on the independent Review Solicitor website can be found Here. To follow up on any of the above please contact Guy Wilton of our family department. Guy has wide experience of acting for the firm\u2019s clients, their family and their businesses. Guy\u2019s experience as a lawyer started in the Northern and Welsh Circuits, including the Liverpool Courts, where he represented numerous clients after being called to the Bar, before opting to join Alexander JLO in 2017 and qualifying as a solicitor in 2024. He is a highly experienced family lawyer with a particular interest in financial remedy proceedings and child contact disputes.Guy\u2019s profile on the independent Review Solicitor website can be viewed\u00a0here."},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Checklist for reviewing an existing prenup before moving to England and Wales or remarrying","item":"https:\/\/www.london-law.co.uk\/checklist-for-reviewing-an-existing-prenup-before-moving-to-england-and-wales-or-remarrying\/#breadcrumbitem"}]}]