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Can you amend a prenup?

On Behalf of | Apr 22, 2024 | Prenuptial Agreements

Among the common misconceptions surrounding prenuptial agreements is that they are permanent contracts that cannot be changed once set. Many people worry that the decisions that make sense before getting married may stop being applicable in the future. However, a prenup can be a flexible tool that can adapt to the changes that come into your life.

Signing a prenuptial agreement before tying the knot is smart, even necessary, if you have significant assets to bring into the marriage. It is a practical tool that helps partners manage their financial expectations from the start to help reduce potential conflicts in the future.

When you first marry, you might not anticipate the changes coming your way. An updated prenup can reflect these and ensure it protects both partners even if the marriage ends in divorce.

How to update a prenup

  • Mutual agreement from both spouses: Updating a prenuptial agreement requires a consensus from both partners. Honest communication about the potential changes and their benefits to both spouses is crucial before making any amendments.
  • Talk to an attorney: Similar to drafting a prenup for the first time, seeking legal guidance is vital to ensuring the amendments are enforceable.
  • Draft and sign the amendment: Your attorney will draft an amendment once you have agreed on the updates. Both spouses must sign the document in the presence of a witness or notary, like the signing of the original agreement.
  • Keep records: After updating your prenup, keep copies of the amendments and the original agreement so you can access them once needed.

Signing a prenup tends to be a loaded topic, primarily because false impressions make people hesitant toward it. At its core, a prenup is just a financial blueprint that can provide flexibility and reflect a couple’s new reality, no matter what happens down the road.