How Can You Change a Prenuptial Agreement?

When a couple signs a prenuptial agreement before a wedding, they are making determinations about issues based only on what they think will happen in the future. However, circumstances may change after the wedding that necessitates an alteration to the terms of a prenuptial agreement, and if you are facing this situation in the Altamonte Springs area the experienced attorneys at The Soto Law Office are here to help. Call or contact the office today to schedule a consultation and learn more about your legal options.

Why Change a Prenuptial Agreement?

A couple may choose to change a prenuptial agreement for many reasons, but there are two main circumstances that facilitate alterations more often than others. The first reason is when the couple has a child. While prenuptial agreements cannot make determinations on issues like child custody and support, it can be amended to consider the child in any property distribution or other provisions that are allowed in this type of document.

The second reason why a prenup might be changed is because of a significant change in financial circumstances. One or both spouses may encounter situations that positively or negatively affect their financial circumstances that were not anticipated at the time that the prenuptial agreement was signed. As such, it may be in the couple’s best interest to update the prenup to reflect their new financial situation and plan accordingly.

How to Amend a Prenup

The easiest way to amend a prenuptial agreement is through the agreement of both spouses. If both parties agree to the changes in a prenup, known as an amendment, it can be drafted and signed by both spouses. However, if one spouse does not agree to the changes to a prenuptial agreement, the spouse wishing to amend the document may need to pursue other options.

One option is to have the prenuptial agreement invalidated. A prenup can be invalidated in part or in its entirety, depending on the circumstances. The second option is to draft a postnuptial agreement, which is similar to a prenup but signed by the spouses after the wedding. To learn more about your options, talk to our office today.

Talk to Our Office Now

If you wish to learn more about changing a prenuptial agreement, call or contact The Soto Law Office in Altamonte Springs today to schedule a consultation.