At Christman | Daniell Attorneys, we often speak with couples who’ve been married for several years or more. When they first tied the knot, many signed a sensible pre-marital agreement perfect for where they were in life—young, just starting in their careers, and with individual assets they wanted to protect.
But after decades together, their priorities have shifted. With grown children, a completely different financial situation, and unique roles in the relationship, they find themselves asking, “Can we change our pre-marital agreement?”
The quick answer is yes, though both spouses must agree on whatever changes they have in mind.
First Things First — What Is a Pre-Marital Agreement?
Also known as a prenuptial agreement or “prenup,” this agreement serves as a contract between you and your soon-to-be spouse that sets rules on things like property, assets, and certain marital obligations. Although this can often be a tricky conversation for parties looking at the possibility of marriage, there are many positives about negotiating a pre-marital agreement. That said, life can change in ways no one can anticipate.
What can you do if your prenup no longer reflects your current reality? Can it be changed?
Yes—you and your spouse can modify or revoke your prenuptial agreement, but it requires a few specific legal steps.
Mutual Consent
Both spouses must agree to the changes. This ensures fairness and prevents one spouse from imposing terms on the other.
Full Financial Disclosure
You and your spouse must fully disclose all assets and financial information at the time of the amendment, just as you did with the original prenup. Hiding any assets or failing to provide accurate financial information could invalidate the updated agreement.
Fair and Reasonable Terms
The updated pre-marital agreement should be fair and not one-sided. While the court will generally respect the terms of the new prenup, an unfair contract may be invalidated.
Writing and Signature
Like the original pre-marital agreement, any modifications or amendments must be in writing. Both spouses must sign the revised agreement for it to be legally binding. Verbal agreements or informal changes will not stand up in court.
No Coercion or Duress
Courts are particularly cautious about agreements that appear to have been made under duress, as this can lead to the agreement being thrown out.
Legal Representation
Spouses should have their own family law attorney. Independent attorneys ensure that both parties fully understand the implications of the changes, helping avoid future disputes. Legal advice is also critical in preventing accusations of unfairness or coercion.
By following these steps and ensuring you and your spouse are informed and in complete agreement, you and your attorneys can successfully update your original pre-marital agreement.
Please Call Christman | Daniell Attorneys for Your Legal Needs Today!
Are you looking for family law services in Texas? Christman | Daniell is your premier choice. With years of experience and a deep understanding of the legal landscape, our skilled team is dedicated to helping families navigate complex legal matters. Whether it’s divorce, child custody, or adoption, trust Christman | Daniell to provide compassionate and effective representation for all your family law needs throughout Tarrant County.
Please consult an attorney for advice about your situation. The material on this website and in this or any blog article we publish are for informational purposes only and do not constitute legal advice. The attorneys at Christman | Daniell Attorneys believe in tailoring legal advice and solutions to your circumstances.
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