Can a Prenup or Postnup Agreement Be Changed?
One of the fears some may have when considering a prenup or postnup is its seeming permanence. That, after all, is part of the point, isn’t it? Couples mutually agree to the terms of the agreement, and “a deal is a deal,” as they say. As long as the document is properly and legally prepared, it will remain in force.
Does this mean that a prenuptial or postnuptial agreement can’t be change?
There may come a time in the future when a couple may review the terms of a pre or postnup and mutually decide that the terms should be changed, or even the agreement be dissolved. The key is “mutual agreement”.
In fact some agreements may include a written clause that includes provisions for termination of the agreement.
Even if it is not specifically included in the original document, however, the agreement could be altered or terminated should both parties agree to it. This is as long as certain steps are taken to mutually nullify the prenup or postnup.
The procedures for changing a prenup or postnup emulate that of creating the original agreement. Changes should be noted in writing, witnessed, and notarized. Parties need to make full financial disclosures. Neither party should be forced nor coerced to sign the agreement; they should not be under the influence of drugs or alcohol at the signing, and each should have competent legal representation.
In short, should a couple mutually agree that after five, ten, or twenty years, a prenup or postnup no longer serves them, they can either choose to nullify or change it. The process will be similar to its original creation.
This can be a key point in deciding whether or not a prenup is right for you. Knowing that there is a potential for the agreement to be mutually adjusted or even nullified can help in negotiating the original agreement.
We will be happy to assist you. We want our clients to have a clear understanding of their pre or postnup agreement and take precautions to make sure the documents are legally and properly executed. Should you decide in the future to try to alter the agreement, we will be here to assist you.
If you are in search of a Tampa, Florida, family law firm who specializes in prenup and postnup agreements, we are here to help. We can even schedule a no-cost, no-obligation initial consultation. We are here to answer your questions and make you feel more comfortable with the process. Reach out to us to get started.
If you have questions about a prenup agreement or a postnup agreement or require legal assistance in other areas of Family Law in Tampa, Florida such as high asset divorce you may always contact Damien McKinney of The McKinney Law Group to discuss your case further. He can be reached by phone at 813-428-3400 or by e-mail at [email protected].
We now offer online prenuptial agreements. Contact us to inquire further about our online prenup option.