Can You Change Your Prenup After Marriage?

Prenuptial agreements, or prenups, are legal documents that outline how a couple's assets and debts will be divided in the event of a divorce. Prenups can help establish financial boundaries and expectations from the beginning of a marriage, facilitating open communication and trust between partners. They allow for a clear and concise division of assets in case of a divorce, avoiding disputes that could otherwise arise during the separation process. Prenups can also protect one spouse's premarital assets, inheritance, or business interests, ensuring they remain with them in the event of a divorce, and can limit a spouse's liability for the other's debts incurred prior to marriage.

But what happens if circumstances change after you say "I do"? Can you alter your prenup post-marriage?

In fact, California law does allow you to modify a prenuptial agreement. In essence, your prenuptial agreement becomes a postnuptial agreement. Rather than seeing a prenuptial agreement as necessarily set in stone, it can be helpful to think of it as a starting document - legally binding but able to change as you and your partner's lives and circumstances also change.

The Basics of Prenuptial Agreements

A prenuptial agreement is a legally binding contract that a couple enters into before they get married or enter into a civil partnership. This agreement primarily outlines how the couple's assets and financial affairs would be divided in the event of a divorce, separation, or death. It serves as a financial planning tool that provides clarity and security for both parties involved.

The primary purpose of a prenuptial agreement is to protect individual assets each party brings into the marriage. This could include any property, savings, investments, or businesses owned prior to the marriage. In addition to this, prenups can stipulate provisions for spousal support, division of debts, and even detail how property should be divided among children from previous relationships.

It's important to note that prenuptial agreements are not just for wealthy individuals. They can also provide substantial benefits for those entering second marriages, those with significant debts, and those wishing to protect the inheritance rights of children from previous marriages. Prenups bring a level of financial transparency and predictability to a marriage, ensuring both parties are on the same page regarding their financial commitments.

Why Would You Want to Change Your Prenup?

Life is unpredictable and circumstances can change rapidly. Fortunately, California law was written with the understanding that people's lives can change and that a contract written before marriage might eventually need to be changed.

People might want to modify their prenuptial agreement due to various reasons, including:

  • Change in Financial Status: A significant increase or decrease in wealth or income can warrant a modification to reflect the current financial situation.
  • Acquisition of New Assets: If a couple acquires substantial assets after signing the prenup, they may want to update the agreement to include these.
  • Change in State Laws: If the laws governing prenuptial agreements change in the state where the couple resides, they might need to modify their agreement to comply with the new laws.
  • Birth or Adoption of Children: The arrival of children may necessitate changes in the agreement to ensure their financial protection and inheritance rights.
  • Debt Accumulation: If one spouse has accumulated significant debt since the agreement was signed, a modification may be needed to protect the other spouse.
  • Change in Career: If one spouse decides to give up their career or start a new business, the prenup may need to be updated to reflect these changes.
  • Inheritance or Gift: If a spouse inherits a substantial amount of money or property, or receives a large gift, the couple may wish to modify the agreement to address this.
  • Retirement: Retirement can significantly alter a couple's financial circumstances, which may necessitate changes to the prenup.

Whatever the reason, it's natural to wonder if changes can be made to your prenup after marriage.

The Postnuptial Agreement: A Prenup's Post-Marriage Counterpart

Yes, you can change your prenup after you're married. The vehicle for this change is called a postnuptial agreement, or postnup. Much like a prenup, a postnup outlines how assets and debts will be divided in the event of a divorce. However, unlike a prenup, a postnup is entered into after a couple is already legally married.

A postnup can include many of the same things as a prenup. It can specify who gets what in terms of property and assets, detail spousal support arrangements, and even include provisions for children from previous relationships.

However, there are limits to what a postnup can do. Most importantly, it cannot include any provisions that would negatively impact the rights of children, such as child custody or child support. These matters are always determined based on the best interests of the child at the time of the divorce, not at the time of the postnup.

Creating a Valid Postnup in California

To ensure a postnuptial agreement is legally valid in California, several key criteria must be met:

  • Written Agreement: The agreement must be documented in writing. Oral agreements are typically not recognized by the court.
  • Voluntary Participation: Both parties must enter the agreement voluntarily, without any signs of coercion or duress.
  • Full Understanding: Each party should fully understand the implications of what they're signing.
  • Full Disclosure: All assets and liabilities must be disclosed fully and honestly by both parties.
  • Independent Legal Representation: It's strongly recommended that each party has their own attorney to ensure their interests are properly represented and protected.
  • Conscionability: The agreement must be fair and cannot heavily favor one party over the other.

If these requirements are adhered to, the postnuptial agreement is likely to be considered legally valid in California.

Considerations Before Changing Your Prenup

While it's possible to change your prenup through a postnup, it's not a decision to be taken lightly. Changes to your marital contract can have long-lasting impacts on your financial future and your relationship. It's essential to have open and honest discussions with your spouse about why you want to make these changes. Professional legal advice is also crucial to ensure that your new agreement is legally sound and fair to both parties.

Reach Out to Burch Shepard Family Law Group

With our wealth of experience and deep understanding of the intricacies of marital contracts, we can help you draft an agreement that protects your interests and meets your specific needs. Our attorneys are adept at navigating complex financial situations and can provide insightful advice on asset protection, debt allocation, spousal support, and other critical elements of your agreement.

Burch Shepard Family Law Group can also assist with modifications to existing prenuptial or postnuptial agreements. Life changes, such as the birth of children, changes in financial status, or career shifts, often necessitate updates to these agreements. Our experienced family law attorneys are skilled at negotiating and implementing such modifications, ensuring that the revised agreement continues to serve your best interests and aligns with your current circumstances.

Above all, we are committed to providing personalized, compassionate service to our clients. We understand that discussing prenuptial or postnuptial agreements can be a sensitive topic, and we approach each case with respect, discretion, and empathy.

Contact us online or call us at (949) 565-4158 to schedule a consultation.