Thinking about making changes to your prenuptial agreement? How to go about doing this is totally dependent on state laws. You’ll need to understand what your state requires for a prenup amendment in terms of legal requirements and if they’re even allowed. Usually, prenup amendments require the same formalities as the original agreement. With that said, let’s get into everything you need to know about amending a prenuptial agreement and more.
Can you amend a prenup legally?
In virtually all states, yes. Amending a prenuptial agreement is a way to change the terms of the agreement after the couple is already married. In order to have a valid amended agreement, you will need to follow the laws of your state to create a valid prenup, which may include witnesses, notarization, financial disclosure, etc. Both parties must agree to the changes in writing, and no one can be coerced into accepting new terms. Some couples choose to amend their prenup due to major life changes like having children, starting a business, or inheriting assets. In some states, this amended agreement may be referred to as a “postnuptial agreement,” depending on the timing and structure.
Why do people amend prenups?
It depends. People may amend a prenup because they simply changed their mind about one of the terms they previously agreed upon or they realized there was a material typo. Here are some common reasons people amend prenups:
- They’ve had kids and want to change spousal support provisions (spousal support can be crucial for parents who stay home with the kids)
- One spouse started a business and wants to ensure protection
- One of the spouses received a major inheritance or gift and wants to clarify how it will be treated in the event of divorce
- The couple’s financial circumstances have changed significantly, such as a big increase or decrease in income
- The couple’s lifestyle has significantly changed, such as taking care of elderly parents or changes in health status
- They’ve moved to a different state or country, and want to ensure the agreement complies with new laws
- They’ve simply changed their minds about certain terms — for example, wanting to be more (or less) financially interdependent
- The couple may use a prenup amendment as a way to reconcile marital issues
- There was a material typo that needs to be corrected, such as including an alimony waiver when it wasn’t supposed to be included
There are tons of reasons a couple may want to amend their prenup from changes in lifestyle to a simple typo change.
What is a prenup addendum?
If you’ve heard the word “addendum” in connection with a prenup amendment, don’t worry, it’s just a fancy legal word for prenup amendment or modification. A prenup addendum is a separate document that outlines specific changes or updates to the original prenuptial agreement. Instead of rewriting the entire prenup, the addendum lists the revised terms, and both spouses sign it to make the changes official. Like the original prenup, the addendum must meet your state’s legal requirements to be valid—such as being in writing, financial disclosure, signed voluntarily, and possibly notarized.
Legal requirements for a prenuptial agreement amendment
The same requirements apply to the prenup amendment as the original prenup agreement. For example, if your state is one that requires notarization and witnesses to create a valid agreement, then you’ll also need to do that for the amendment. In addition, some states will treat a prenup amendment like a postnup, which will create additional requirements, such as legal consideration, legal representation, etc. It’s crucial to speak with a lawyer in your state to understand what exactly is required for a prenuptial agreement amendment in your state.
Can modifying my prenup save my marriage?
Some couples may want to use a prenup amendment as a tool to assist with reconciling the marriage. For example, let’s say the couple waived spousal support in their prenup, but since their marriage is in trouble, the husband offers to remove the spousal support waiver in an effort to reconcile the relationship and offer an “olive branch.” This kind of modification can signal a willingness to rebalance the relationship and address concerns that may have felt unfair or one-sided. While a prenup amendment alone may not fix deeper emotional issues, it can serve as a meaningful step towards honest conversations, renewed trust, and a more equitable partnership moving forward.
Can you make edits to a prenup after it’s signed?
If you haven’t gotten married yet, you can still make changes to your prenup and resign the document (just make sure you keep records of the updated changes). This is because marriage makes the prenup effective, so before getting married, you can still change the document (as long as both parties agree to it, of course). However, if you’ve already gotten married and you want to make edits, you’ll need to execute a formal amendment and speak with a lawyer to help with your edits.
Can I amend my prenup without my spouse?
No! An amendment to a prenup is just like any other contract and requires both spouses to agree to the terms for it to be valid. One person cannot unilaterally make changes to a contract without the other party. This means you will need to potentially discuss and negotiate the terms of the prenup amendment with your spouse before signing another agreement. Once both spouses are on the same page, the updated terms should be put in writing and properly executed according to the state’s laws to ensure they’re legally enforceable.
The bottom line on amending a prenuptial agreement
You may be able to amend your prenup depending on your state laws. The laws regarding amendments vary from state to state. It’s crucial to speak with a lawyer in your state to understand the requirements for amending a prenuptial agreement (and if it’s even allowed). Remember, people get amendments for all types of reasons—from typos to reconciling the marriage and everything in between. If you think you would benefit from a prenuptial agreement amendment, make sure your spouse is on the same page as you and contact a lawyer to get started. Happy amending!
Nicole Sheehey is the Head of Legal Content at HelloPrenup, and an Illinois licensed attorney. She has a wealth of knowledge and experience when it comes to prenuptial agreements. Nicole has Juris Doctor from John Marshall Law School. She has a deep understanding of the legal and financial implications of prenuptial agreements, and enjoys writing and collaborating with other attorneys on the nuances of the law. Nicole is passionate about helping couples locate the information they need when it comes to prenuptial agreements. You can reach Nicole here: Nicole@Helloprenup.com
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