Can You Change A Prenuptial Agreement After The Marriage?
Many couples choose to create and sign a prenuptial agreement before entering into a marriage. The purpose of prenups is to protect married individuals in the event of divorce, separation, or death of either partner. A prenup outlines what happens to your assets and income in the event of these three events.
There are several misconceptions surrounding prenuptial agreements, and one of them is that you cannot modify a prenuptial agreement after the marriage. Prenups are created by two people before they are married, so it makes sense to wonder, “Can you modify a prenuptial agreement after the marriage?”
Consult with an Orlando prenuptial agreement attorney to discuss your particular case and determine how you can change a prenup after the marriage.
Is It Possible to Modify a Prenup After the Marriage?
Yes, it is possible to modify a prenuptial agreement after the marriage. However, both parties must agree to the proposed modifications to change a prenup. Therefore, as long as both parties agree to change a prenuptial agreement, the process of modifying a prenup after the marriage is rather straightforward.
If you and your spouse agree to modify a prenuptial agreement, the amendment will be added to your prenuptial agreement as an additional page(s). After the change is made, it overrides a previous version of the prenup.
It is advisable to consult with an attorney to determine if you can modify a prenuptial agreement in your specific case. If you want to change a prenup, but your spouse wants to leave the document as it is, you will have to consider your other options.
You Can Invalidate a Prenup in Florida
Florida law allows parties to invalidate existing prenuptial agreements when certain criteria are met. This option makes it possible to change a prenup if your spouse refuses to modify the document.
When it comes to invalidating a prenup, you need to consider the enforceability of the document. A prenup may be deemed unenforceable for any of these reasons:
- The document was not properly executed
- It contains unlawful provisions
- Either spouse failed to disclose all of their assets and income when signing the document
- A prenup is unreasonable unfair
- The document was signed under duress or fraud
- It contains clerical errors
Contact an experienced attorney to review the terms of your prenup and determine if you can invalidate your document.
Creating a Postnuptial Agreement After the Marriage
If you have a prenuptial agreement you wish to modify after the marriage, you can change it by creating a postnuptial agreement. As its name implies, a postnuptial agreement is created after the marriage, not before.
You may want to consider creating a postnuptial agreement if there have been significant changes in your circumstances, wishes, and desires since the date you created the prenup. It is imperative to seek the legal counsel of a knowledgeable attorney to help you execute a postnup properly.
Schedule a case review with our Orlando prenuptial agreement attorney Rania Arwani at Arwani Law Firm to discuss how you can modify a prenup in your particular case. Call 407-254-0060 to get a consultation.