Prenuptial agreements define the terms of property division in the event that a married couple gets divorced or if someone dies. Before a wedding, many couples sign a prenuptial agreement to protect their individual assets if either of these things occurs.
Once a couple gets married after signing a prenuptial agreement, the terms of the contract are not necessarily set in stone. It is possible to make changes to these agreements, or even revoke it if desired.
Why would a prenuptial agreement need to be changed or revoked?
- A spouse acquires additional property that was not included in the original agreement
- The couple wants to redistribute their property allocation
- The couple has children that must be accounted for in the agreement
- The couple decides they no longer want a prenuptial agreement
How Do I Change My Prenuptial Agreement?
To modify or revoke your prenuptial agreement, the approval of both spouses will be needed. And, you will need the assistance of an experienced family law attorney — Louis P. Winner can help. Contact us to discuss the best way to change or cancel your prenup.
To create an amendment to a prenup, you can either add to the original contract or sign a separate contract that modifies the terms of the initial agreement. This is true of revoking a prenuptial agreement as well. Your original contract may include terms for what to do if amendments or cancellations are needed.
The terms of a prenuptial agreement most likely cannot be changed if a couple is separated or in the process of getting divorced. Changes can only be made before a wedding or during the marriage.
Postnuptial agreements are another option for legally outlining property division in anticipation of a potential divorce. Postnuptial agreements are essentially the same as prenuptial agreements but are signed after a couple is already married. A couple may choose to sign a postnuptial agreement if they did not sign a prenuptial agreement before marriage and decide they would like to define asset ownership later on.
Although traditional postnuptial agreements are a good option for defining property ownership in the absence of a prenuptial agreement, they cannot be used to change an existing agreement. Postnuptial agreements generally define the division of property gained after a couple is married, so the contracts are focused on different assets than prenuptial agreements.
Louis P. Winner is a full-service family law firm. Contact us for assistance with all of your legal needs related to marriage, divorce, custody, and more.Send us a message or call (502) 812-1889 to schedule a consultation with our legal team.