Is it possible to change or update a prenuptial agreement?

On Behalf of | Oct 29, 2022 | Divorce, Marital Agreements

Even though many older couples walked down the aisle without first signing prenuptial agreements, these premarital contracts are becoming increasingly common with younger Americans. In fact, according to Market Watch, roughly 40% of individuals between the ages of 18 and 34 claim to have executed prenuptial agreements prior to their weddings.

From protecting yourself in the event of a divorce to setting reasonable marriage-related expectations, there are many good reasons to negotiate a comprehensive prenuptial agreement. Still, after a while, you may realize your agreement is not quite right. If so, you might wonder whether it is possible to change or update your agreement.

Changes before your wedding

Nowadays, it can take months or even years to plan a wedding. If you want to modify your prenuptial agreement before you say, “I do,” you probably can. As long as you and your soon-to-be spouse agree to the changes and sign off on them, your agreement is apt to be legally valid. Nevertheless, it is important to comply with the modification rules in the original agreement.

Changes after your wedding

Most prenuptial agreements, especially those lawyers draft, have provisions for making modifications. If your does, you can follow these provisions to alter your prenuptial agreement perhaps even after you marry your spouse. You might have another option, too. Specifically, is usually possible to draw up a postnuptial agreement to replace your prenuptial one.

You want your changed prenuptial agreement or newly created postnuptial agreement to be legally binding on you and your husband or wife, of course. Ultimately, to ensure the agreement is enforceable, it is advisable to obtain legal counsel when creating or tinkering with any prenuptial agreement.