An Honest And Smart Approach To Family Law

When can spouses change a premarital agreement?

Premarital agreements protect separate interests from going to your future spouse if you divorce. However, as time passes during the marriage, you and your significant other may reconsider the parameters of that contract.

If you both believe that your prenuptial agreement no longer meets your needs, you have three options to consider.

Amend your existing contract

Changing or modifying your premarital agreement requires both of you to sign an amendment. These revisions can include additions or subtractions to the original content of the contract.

Write a new agreement

When you and your significant other experience drastic life changes, you might want to rewrite your prenuptial agreement. If you are not yet married, the process of rewriting the contract is the same as creating the original agreement. If you are already married, you have two options:

  • Keep the original prenuptial agreement and write a second postnuptial agreement for all items not included in the first document
  • Write a postmarital agreement that takes the place of the prenuptial contract

Terminate your contract

If you and your spouse determine that you no longer want a premarital agreement, you can terminate it. To do this, you both sign a Release of Marital Agreement, which legally cancels a prenuptial contract.  If you later change your mind, you cannot reinstate the previous agreement but must instead create a post-nuptial agreement.

Prenuptial agreements are legal contracts that last until divorce or death. While adjustments are possible, you need to understand that changes cannot happen without both people’s consent.