Are you asking, can you change a prenup after it’s signed? If so, you’re not alone. This is always a big consideration for married couples or even for those planning to marry. A prenuptial agreement, or “prenup,” is meant to protect both parties in a marriage, but life happens — and so can your agreement. In this article, we take a look at whether you can change a prenup, how it’s done legally, and what you need to know to remain protected.
Whether you’re years into a marriage or only a few weeks from saying “I do,” knowing your legal rights regarding changes to a prenup can help bring you peace of mind and financial clarity. It is, in fact, perfectly fine to make changes to a prenuptial agreement — as long as certain conditions are met, according to the American Bar Association.
What Is a Prenup and Why Would You Want to Alter It?
A prenuptial agreement is a pre-marital legal contract that clarifies how assets and responsibilities shall be divided in case of divorce, death or separation. And while prenups can play a vital role in modern marriages, situations evolve — and, at times, so do relationships.
Maybe you started a business after marriage, or one partner inherited a family estate — the original agreement may not accurately reflect the couple’s present financial or personal situation. That’s when couples start looking at changing a prenup or even moving to a postnuptial agreement.
Can a Prenup Be Changed After Marriage?
Yes, you absolutely can. Wondering, can you change a prenup after marriage? The short answer is: yes, if you and your partner consent and do so according to the right legal procedure. The changes to a prenup are usually made in writing through an amendment that both parties agree, sign and notarize.
If the changes are considerable, some couples choose to write a new agreement entirely — commonly referred to as a postnuptial agreement. According to Nolo, that is a legitimate path to taking if you want to revise your marital terms after your wedding day.
How to Legally Modify a Prenuptial Agreement
Amending a prenup is a process that typically involves:
- Written Amendment Or New Contract: Changes must be made in writing — either through an amendment, or by creating a new postnuptial agreement.
- Seek Your Own Legal Advice: Have each party obtain independent counsel to ensure fairness and avoid future disputes.
- Notarization: The document needs to be signed and notarized to render it legally binding.
- One important note here: verbal agreements do not have legal standing in court with respect to prenuptial or postnuptial contracts.
Why You Might Need to Adjust Your Prenup
As life is unpredictable, there are several common reasons couples elect to update a prenuptial agreement:
- An important change to your income or assets
- Starting a business together
- Having children and changing custody/financial terms
- Moving to a different state with different legal norms
Findings of secret assets or new financial reporting
For instance, a close friend didn’t think her prenup needed to cover intellectual property rights — a huge oversight when she started her online course business. They managed to amend it, though, of course, with the assistance of a family law attorney.
How to Discuss Changing a Prenup With Your Partner
Financial matters can lead to awkward conversations, especially when legal documents come into play. But transparency and trust are the bedrock of a good marriage. If you think a revision is in order, here are some tips:
- Choose the time: Don’t say it during fights or during stressful times.
- Be honest: Share why you believe change is needed.
- Keep it fair: Highlight how the change will be advantageous for both sides.
- Seek professional help together: This takes the pressure off the conversation, so it feels less combative.
An acquaintance of mine underwent this process. After beginning a joint real estate investment, he and his wife chose to amend their prenup. They engaged a financial adviser and legal counsel to make sure the new terms matched their current goals.
Is a Postnuptial Agreement a Better Option for Some?
Updating a prenup isn’t always appropriate, however. In those situations, couples might choose a postnuptial agreement, which is essentially a prenup that is drawn up after marriage. It fulfills the same function — establishing how assets will be managed — but it provides a clean slate without changing the original document.
Postnups, like prenups, require complete financial disclosure and mutual agreement. Separations are especially useful in circumstances where financial situations have changed significantly or the couple are looking to reset their financial future together.
What Judges Consider When Reviewing Changes to Prenups
In an instance where an amended prenup needs reviewing, the courts will look for the following:
- Equity: Does the deal enable one party to act in a manner that is not fair to the others?
- Disclosure: Were all financial assets and liabilities disclosed?
- Legality: Is the change legal within the state?
When those elements aren’t satisfied, a court could find a prenup — or its updates — to be unenforceable.
Do you need a lawyer to change a prenup?
Technically, it’s possible to change a prenup without a lawyer, but it’s very much not advised. Legal counsel ensures that your new terms are equitable, enforceable, and compliant with the law. Even more relevant, it prevents future disputes during a divorce or disagreement.
Seek an attorney who specializes in family law or marital contracts — they’ll know the ins and outs of prenuptial and postnuptial agreements.
Risks of Failing to Update a Prenup
Forgetting to update your prenup once your situation shifts can result in significant headaches later on:
- Disproportionate privatization of land.
- Litigation Wars Over Obsolete Terminology.
- It is only natural to present a strong front as a separation or divorce can be an emotionally stressful time.
- Could invalidate the entire prenup as a result.
That’s why timely review and revision’ is so important — it goes both towards the future and peace of mind.
FAQs
Q: Can I alter a prenup without my spouse’s consent?
No, changes would need both party’s approval. Mutual consent is required.
Q: How much does a prenup modification cost?
It’s going to vary based on how complex the changes are and the legal fees — usually between $500 and $5,000.
Q: Is a postnuptial agreement better than modifying a prenup?
It depends on your situation. If the original prenup has become obsolete, a postnup could be a cleaner alternative.
Q: Can a court turn down modifications to a prenup?
Yes, the court may reject changes if they are deemed unfair, made under duress or lack proper disclosure, for example.
Q: Is it possible to completely revoke a prenup?
Yes, a couple can formally rescind a prenup by creating a written agreement, signing it, and having it notarized.
Final Thoughts
So, can you change a prenup? Yes, and in a lot of cases, you really should. Life is dynamic — careers develop, families grow and priorities change. It is to your best interest to make the effort to revise your prenuptial agreement as a responsible and proactive measure that goes beyond simply having a document ready before you tie the knot down the aisle.
By openly discussing the issues, seeking the guidance of a trusted lawyer and, if you can agree, signalling your mutual consent, it is possible to revise a prenup safely and legally, and in a way that previews a better, fairer future for both partners.
