While it's important for you to have a prenuptial agreement in place before you tie the knot, it's also important for you to realize that this isn't a document that needs to remain set in stone throughout your marriage. Married couples can change their prenuptial agreements for any reason and at any point in their marriage. There are, however, some dos and don'ts that you'll want to keep in mind about making these changes.
Do: Reach An Agreement With Your Spouse
Your prenuptial agreement is a document that you share with your spouse, so you need to be in agreement if either of you wants to change it. You should try to only consider changes to this document in a clear and calm state; trying to make changes after you've been in an argument may lead to changes that you later regret. Talking about what change you want to make and reaching an agreement together is the best way to proceed.
Don't: Rip Up The Document
Perhaps encouraged by a happy time in your marriage, you may feel tempted to rip up your prenuptial agreement as a way to show your spouse that you don't ever think that you'll get divorced. The symbolism of this moment might be desirable, but you should know that destroying the document won't affect its legal status. Your family attorney retains a copy of the document, even if you rip up your copy.
Do: Seek Counsel From Your Family Attorney
You can't make changes to your prenuptial agreement without the help of your family law attorney, but it's also a good idea to consult this legal expert about the changes that you're considering. While the final decision comes down to you and your spouse, your attorney can provide some insight on your proposed changes based on dealings with other clients.
Don't: Attempt To Coerce Your Spouse Into A Change
Some people might be tempted to change their prenuptial agreement but run into an obstacle when their spouse doesn't have the same mindset. It may thus be tempting to try to coerce your spouse into agreeing to a change, but this is a bad idea. Not only is it not very respectful, it may cause issues in the future. If you get a divorce and your attorney references the prenuptial agreement, your spouse's attorney may petition that his or her client agreed to the change only under duress.Share