Can You Change a Prenup? 6 Reasons for Modification

Wondering if you can change a prenup after it’s final? The answer is “yes.” Although you still need to keep some legal considerations in mind. 

The legal system surrounding prenups understands that if there's one constant in life, it's change. 

As you and your partner grow in your lives together, your circumstances can change significantly. You may acquire new joint assets like a home, one of you may start a business, or you may start a family and have children. These significant life events might require you to make adjustments to your initial prenup, which may have you wondering: can you change a prenup? 

Fortunately, you can modify a prenuptial agreement. This would be an amendment to the prenuptial agreement that both of you would need to review and sign. However, there are some important legal considerations to keep in mind. 

At Neptune, we specialize in guiding couples through the complexities of prenuptial, postnuptial and modification agreement.

6 Common Reasons for Modifying a Prenuptial Agreement

You and your partner may choose to modify your prenup for a number of reasons. These reasons can include:

1. Big Financial Changes on the Horizon

If one of you receives a large inheritance or grows a successful business, your original prenup may no longer reflect your financial reality. Revising the agreement ensures both partners acknowledge these changes and have a fair plan in place for dividing assets in the future.

2. The Birth of Your Children

Prenuptial agreements usually focus on property division and financial matters and often don’t include anything about children. If you and your partner have children, it could be a good idea to update your prenup to address important issues you will most likely face down the line, like education costs or inheritance rights. However, you should know that prenups cannot address child support.

3. Career Changes

If one of you chooses to sacrifice your career to support the family, like becoming a stay-at-home parent, you may want to amend the terms outlined in your prenup so that it can include new provisions for alimony or other spousal support.

4. Changes in Health

You've heard the term "in sickness and in health." Well, in the event one of you experiences serious health issues at some point, making changes to your prenup can save one spouse from incurring the other’s medical debt later on.

5. Changes in State Laws

State laws that govern marital agreements, like prenups, can change over time. If new legislation affects the enforceability of certain prenup clauses, you and your partner can choose to revise your existing agreement to align with current laws.

6. To Strength or Weaken Provisions

As you and your partner's relationship evolves, you may wish to strengthen the enforceability of your prenup by making the terms clearer. Similarly, if the original prenup favored one partner over the other, modifying the agreement can help balance the terms to ensure fairness.

5 Steps to Modify Your Prenup

To change a prenuptial agreement, you’ll usually need to create a postnuptial agreement, or "postnup." This serves the same purpose as a prenup, but it's put in place after marriage. Here’s what the process generally looks like:

1. Mutual Consent Is Required

Both you and your partner must agree to modify the terms of your existing prenup. Changes cannot be made unilaterally. You must both willingly enter into the modification and sign a new legal document that reflects these changes.

2. Drafting a Postnuptial Agreement

A postnuptial agreement tends to be the best way to amend a prenup. This new contract can override, update, or supplement your original agreement. A postnuptial agreement should:

• Clearly outline the changes being made.
• Be in writing and signed by both spouses.
• Comply with state laws regarding postnuptial agreements.

3. Full Financial Disclosure

Just like with a prenup, when you're drafting a postnup, both of you must provide full and fair disclosure of your financial status. This includes listing all assets, debts, income, and liabilities. If any financial information is withheld, it could be challenged and deemed unenforceable in court later on.

4. Legal Representation

Each of you should have your own attorney. Courts are more likely to uphold postnuptial agreements when both of you have received independent counsel.

5. Proper Execution

The revised agreement needs to be signed, witnessed, and notarized, making sure that everything is in accordance with updated, current state laws that apply in the state where you live. Failure to follow these conditions could render the agreement invalid if challenged in court.

Can a Prenuptial Agreement Be Canceled?

A prenuptial agreement can be fully revoked if both of you agree to cancel it. To do this, you will need to draft a new legal document that explicitly voids the original agreement you had in place. Both of you must sign the revocation, and it must also be notarized to ensure its validity.

Legal Challenges to Modifying a Prenup

While modifying a prenup is possible, certain legal challenges can arise, including:

1. One-Sided Agreements

When enforcing marital agreements, courts focus on fairness and equity. If the revised agreement seems significantly one-sided, there is a risk it could be challenged and deemed invalid by a judge.

2. Coercion or Duress

Courts require that both parties enter into a postnuptial agreement voluntarily. If one of you is pressured or forced into signing a postnup, it may be deemed unenforceable.

3. Lack of Independent Legal Counsel

While most things are better together, it's strongly recommended that you and your spouse work with separate attorneys when drafting a postnup. If one spouse had legal representation and the other did not, the court may question the fairness of the agreement.

4. Failure to Follow State Laws

Each state has its own rules when it comes to prenuptial and postnuptial agreements. If your agreement doesn’t comply with the laws in your state, it might be considered invalid.

Should You Modify Your Prenup?

Whether or not to modify your prenup comes down to your unique situation. If you or your partner have gone through major life changes, it might be a good idea to update the agreement to better reflect where you are now.

Ask yourself: 

• Has your financial situation changed since getting married?
• Have you had children or experienced other major life events?
• Do you feel your prenup is outdated or unfair?
• Do you want to strengthen the enforceability of your prenup?

Did you answer "yes" to any of these questions? You may benefit from making changes to your prenup. If you're curious, take Neptune’s short postnup quiz for more information and personalized support tailored to your needs.

Navigating Your Future With Neptune

At Neptune, we're proud to help individuals and couples build a strong foundation for their future together through our comprehensive family law services. Conversations about money can be tough, but our team strives to create an environment where you can navigate every aspect of married life with confidence and ease.

If you're considering changing your prenup, our team of experts is here to help. Chat with Neptune's prenup concierge today to discuss your options and get matched with the right lawyer for your future.