Signing a prenup is a great way to protect your assets in the event that you and your spouse divorce. It’s no surprise that your finances may change throughout your union, leaving you unhappy with the current arrangement. If you’re interested in updating your prenuptial agreement, taking the correct steps is crucial. However, you may be unsure how to proceed with the process. Luckily, a Bergen County, New Jersey prenuptial agreement lawyer can help you navigate updating this document.
Why Would Someone Want to Change a Prenuptial Agreement?
Changing your prenup may seem unheard of or unreasonable, as it was something that is already agreed to. However, there are no guarantees in life. Your finances can change overnight, leaving you vulnerable to an agreement you made before you had many assets. For example, if one spouse inherits a property, it could be wise to include this in an amendment to the contract.
Similarly, if you have children, you may wish to include them in your agreement. This allows you to dictate who would receive the family home, ensuring the children would not have to move from their familiar space. However, a prenuptial agreement cannot be used to determine child custody or support payments.
How Do I Change My Agreement?
If you’re interested in changing your agreement, it’s important to understand there are several ways to do so. The easiest way is to create an amendment or modification to the original document. This requires your spouse’s agreement, as they must sign any changes.
Should your spouse refuse to make an amendment, don’t panic; there are other options you can consider to protect your assets. One option is to invalidate your prenup. There are many reasons that a will can be invalidated, and if your agreement has terms that render it invalid, you may be able to revoke your prenup and create a postnuptial contract.
Do I Need an Attorney?
If you want to update your prenuptial agreement, ensuring you contact an attorney is crucial. Though it seems simple enough to make a note on your document explaining the change, one mistake can invalidate this. Not only is this a waste of time, but it can also be frustrating should you divorce and the assets you thought were protected are vulnerable.
An attorney can help you make the necessary amendments to update your prenup to reflect your current wishes and assets. They can also help revoke your current contract in favor of creating a postnuptial agreement if you and your spouse would rather explore that choice.
If you’re ready to update your prenuptial agreement, HD Family Law is ready to help. Our dedicated legal team has the experience necessary to help you navigate this complex issue. Contact us today to learn how we can help you and your family achieve the best outcome.
