Can I Amend A Prenuptial Agreement?

premarital agreement

Contrary to stereotypical portrayals of prenuptial agreements in television and in the media, these agreements can be incredibly beneficial to both people about to enter into a marriage. However, circumstances change over time, and one or both spouses may wish to alter the terms of the original prenuptial agreement. At the Law Offices of David L. Hirschberg in Boca Raton, our knowledgeable attorneys are here to help. Call the office or contact us today to learn more about your legal options for amending your prenuptial agreement.

Reasons for Amending a Prenup

There are many reasons why a couple may wish to amend their prenuptial agreement. One of the most common reasons is a change in finances. When a prenuptial agreement is created, the couple is guessing at what their financial situation would look like if a divorce was to occur. However, finances can shift substantially positively or negatively for one or both spouses that may necessitate an alteration to the terms of a prenuptial agreement.

Another common reason for amending a prenuptial agreement is because the couple starts to have children. There are strict rules as to what is not allowed in a prenup, such as child custody and support agreements, but having a child may alter other things like the distribution of property and estate plans. In blended families, utilizing a prenuptial agreement to clarify these issues when a new child is born can be incredibly beneficial to everyone in the family.

How to Amend a Prenuptial Agreement

A prenuptial agreement can be amended, but any modification must be agreed to by both spouses. Known as an amendment, if both spouses agree as to the changes in the prenup the alteration can be as simple as drafting the amended document and having both spouses sign it. However, if one spouse wishes to make an amendment and the other does not, the spouse wishing to make changes may have to pursue other options.

One option for a spouse who wishes to amend a prenuptial agreement is to invalidate the document in part or entirely. There are a few reasons why a prenuptial agreement may be invalid, and an attorney can review your situation to see whether any of these reasons may apply in your case. A second option is to keep the original prenuptial agreement in place and create a postnuptial agreement instead. A postnuptial agreement is similar to a prenuptial agreement except that it is signed by a couple after the wedding instead of before. A postnuptial agreement can stipulate to new terms without touching the original prenuptial agreement signed by the couple. To learn more, talk to our office today.

Talk to Our Office Now

If you would like to learn more about amending a prenuptial agreement, the experienced and skilled Boca Raton family attorneys at the Law Offices of David L. Hirschberg are here to help. Call or contact the office today to speak with one of our lawyers and schedule a consultation of your case.

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