In today’s society, couples typically opt to create a prenuptial agreement. Essentially, this is a legal contract that binds both parties to the terms stipulated in the event the marriage fails. In the event of a divorce, a prenuptial agreement outlines who gets what regarding the division of assets. The division of property during the divorce process can be extremely complex. Having a prenuptial agreement that already dictates the division of marital property is extremely beneficial and can help shorten the divorce process. A prenuptial agreement can only be created before marriage. Couples may wonder if they can revise or change it after marriage. If you are seeking to draft a prenuptial agreement or make modifications to the existing contract, please read on and contact a trusted Monmouth County Divorce Attorney who can help you navigate this legal process.
How do I go about revising an initial prenuptial agreement in New Jersey?
There are several reasons a couple may want to revise their existing prenuptial agreement. When there are major changes in circumstances such as having children or changes in financial situations. Additionally, if a couple wants to include any additional properties that are not accounted for in their initial agreement, they may choose to amend their existing contract. It is important to note that to make modifications to an initial prenuptial agreement, both parties must mutually agree on the revised conditions. If one spouse does not agree, the original agreement cannot be amended. However, if both parties agree to make revisions, they can go about making modifications in two ways. Couples can either add revised terms to their existing contract or draft a completely separate contract that changes the terms outlined in the existing agreement. Essentially, this means they can opt to establish a postnuptial agreement. A postnuptial agreement is essentially the same as a prenuptial agreement. However, a postnuptial agreement can only be drafted after marriage. Sometimes a couple wants to leave their initial prenuptial agreement untouched. When this is the case, a postnuptial agreement can allow them to amend their agreement while leaving their initial agreement alone. Any revised conditions outlined in a prenuptial agreement or postnuptial agreement are legally binding.
Can I nullify my initial prenup?
In addition to revising a prenuptial agreement, couples are also legally entitled to nullify their initial prenuptial agreement. Sometimes a couple may simply want to terminate their initial agreement because they just don’t want it anymore. When this is the case, similar to making revisions, both parties must agree to terminate their initial agreement.
If you are interested in revising or terminating your initial prenuptial agreement, please don’t hesitate to contact one of our qualified and adept attorneys. Our firm is committed to helping our clients amend their initial prenuptial agreement to reflect their current situation.