The champagne flowed, the vows were exchanged, you and your new spouse soaked up every minute of your honeymoon…Now, are there any loose ends you should tie up before stepping firmly into married bliss? Let’s talk about ratifying your prenup! Prenuptial agreements are contracts couples sign before getting married. In these agreements, fiancés can predetermine how their assets and debts will be distributed if there is a divorce in the future. If you already have a prenup, then you’re well aware of its benefits! But what if you want to re-confirm (i.e., ratify) your prenup? Let’s get into everything you need to know about the ratification of a prenuptial agreement.
What is the ratification of a prenup?
The term “ratify” means to sign or give formal consent to an agreement, contract, or a treaty, making it valid. To ratify a prenuptial agreement means that a party formally acknowledges and agrees to the terms of the prenup after the wedding ceremony has taken place. In many states, ratifying a prenup isn’t a separate legal step you must take. It’s merely a way to reconfirm the terms of your already existing prenuptial agreement.
Sometimes, couples choose to ratify their prenup as an added assurance that their agreement will be upheld in the future. Couples might also want to ratify their prenup because there is a specific clause in the agreement that requires the parties to sign as spouses as opposed to mere fiancés.
Why would I want to ratify my prenup?
There are several reasons you might want to ensure the validity of your prenuptial agreement. Ratifying a prenup might be a smart step on your post-wedding to-do list!
To ensure validity and enforceability
Some people want to make sure that their prenuptial agreements are valid and enforceable, regardless of having just signed it before their wedding. In order for a ratification to be valid, both parties will need to agree to ratify and sign the ratification voluntarily as a married couple. A ratification is generally a separate document clearly stating that the parties are now married and that they are reaffirming the terms in the prenup. It’s recommended that a notary witness the signatures. This extra step adds to the validity of the ratification. And while you’re taking steps to make your prenup as bulletproof as possible, you should also consider hiring independent legal counsel for both you and your spouse. Having separate attorneys explain these additional signatures to each of you will help confirm to a future court that both you and your spouse understood the effects and probable consequences of your signatures.
To reaffirm previous terms because it’s been a few years
Sometimes, ratifying a prenuptial agreement is simply about reconfirming that both spouses are on the same page about the prenup. This can be especially beneficial for couples who have been together for several years or have gone through some turmoil. Reaffirming the original prenup formally can be both legally protective and a way to set boundaries and expectations within the relationship. Again, this isn’t necessarily legally required by any means, but it may be useful in certain situations. Always speak with a lawyer in your state to confirm.
Do all states allow the ratification of a prenup?
Though all states allow prenuptial agreements, not all states give credibility to the ratification of a prenup. For example, Washington state does not entertain ratifications of prenuptial agreements. The Court of Appeals in the 2012 case of Keller v. Estate of Keller proclaimed that “a prenuptial agreement that is substantively and procedurally unfair is void from its inception and is incapable of ratification.” Washington courts focus on whether the prenup was valid and enforceable when signed and give no credibility to a couple ratifying it after marriage (Keller v. Estate of Keller (2012)).
Texas, on the other hand, might consider the ratification of a prenup as added confirmation that a couple was in agreement regarding the terms of a prenup. Research the law in your state regarding ratifying prenups and discuss this topic with an attorney in your area who has experience with prenuptial agreements.
Is it necessary to ratify a prenup?
You’re probably wondering…Shouldn’t the original signatures on our prenup prior to marriage be sufficient? The answer is, yes as long as the prenup was entered into voluntarily and follows your state’s requirements for validity and enforcement. If those facts are true, then there should be no need to ratify your prenup. However, if there is a provision modifying or waiving a spouse’s right to federal benefits, then it’s a good idea for you and your spouse to ratify your prenup after marriage to better ensure that those provisions are upheld. And remember to talk with your federal benefits administrator to find out what steps should be taken to further ensure that the provisions in your prenup related to a spouse’s benefits are enforceable.
In drafting your prenup, your attorney should include a provision that requires you and your spouse to execute any necessary spousal consent forms after you are married to effectuate any modification or waiver of benefits. If this requirement is in your prenup, and your spouse refuses to sign a waiver that’s necessary to enforce a clause in the prenup, your spouse could be in breach of contract. However, it’s important to note that a provision requiring the post-wedding signing of consent forms or waivers is generally insufficient to override ERISA requirements regarding waivers of federal benefits.
What’s the final word on ratifying prenups?
If you’re concerned about the enforceability of your prenuptial agreement or just simply want to reaffirm the original terms because it’s been a few years, talk with your spouse about ratifying the prenup once you’re married. Research state laws regarding ratifying prenups and talk to a legal professional who has experience in prenuptial agreements. Pay attention to the language in your prenup and if either you or your partner waived spousal rights to federal benefits, talk with your benefit administrator to ascertain the proper steps you should take to ensure the provisions of your prenup will be enforceable in the future. Congrats! You’ve just survived a deep dive into a niche topic regarding prenuptial agreements and hopefully answered your questions about ratifying a prenup.
Jourdan Stewart is Legal Operations Attorney at HelloPrenup, and a Texas licensed attorney. Jourdan is experienced in drafting prenuptial agreements, and her legal expertise extends to other aspects of family law, business law and entertainment law. Jourdan earned her law degree from Pepperdine University, her MBA from The Acton School of Business, and her BBA from Baylor University. Jourdan’s favorite aspect of legal practice is helping clients fully understand and achieve their goals. She finds great satisfaction in tailoring solutions to each client’s unique set of wants and needs. When she’s not practicing law, Jourdan can be found in nature with her two children and their dog, Stewey.
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