Creating a prenuptial agreement is an important step future spouses should take to protect their future. However, the agreement you created before you got married might not reflect your interests and goals later in life. If you are wondering if you can make some modifications to your prenuptial agreement, the short answer is, yes, you can. That said, just as your spouse had to sign off on the initial prenuptial agreement, you will both need to agree on any subsequent changes.
Modifying a Prenuptial Agreement
To modify a prenuptial agreement, you and your spouse will have to discuss and agree on any amendments you choose to make. The amendments will take the form of additional pages that will be added to the end of your original prenuptial agreement. An experienced family law attorney can walk you through each step, review the amended document to ensure your interests are protected, and have it notarized. If you or your spouse disagrees with any of the amendments or does not wish to have the prenuptial agreement modified, it will have to remain as it is.
There are numerous reasons why spouses may want to modify a prenuptial agreement. Your circumstances might have changed so substantially that the existing one simply does not effectively address matters related to property division. For example, if you have children, you may want to ensure that the family home stays with the parent who receives primary custody, ensuring that they are raised in a familiar environment.
Invalidating a Prenuptial Agreement
If your spouse will not agree to modify the prenuptial agreement, you may want to consider examining its enforceability.
Here are some reasons why a prenuptial agreement may potentially be invalid:
- The agreement is fraudulent because your spouse did not disclose all assets.
- The agreement was signed under duress or you lacked the mental capacity to understand it when you signed it.
- The paperwork was incorrectly filed and poorly drafted.
- You signed the prenuptial agreement without proper legal representation
- The agreement contains provisions that render it invalid. For example, child-related matters, such as child support and child custody cannot be included.
Schedule a Consultation with an Experienced Family Lawyer Today!
If you wish to modify your prenuptial agreement, do not hesitate to reach out to the knowledgeable team at Ford & Friedman for the help you need. We have the insight and experience necessary to guide you through this process.
Reach out to our law office today at (702) 904-9898 to schedule a consultation.