Can I Change a Prenup Before Divorce?
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Life changes fast, and the person you were when you signed your prenuptial agreement might be in a completely different financial or emotional place today. If it feels like your marriage may be coming to an end, you might be looking at that old document now and wondering if you are stuck with it.
At Reifman Law Offices, we understand that thinking about divorce is stressful enough without the added worry of an outdated legal agreement. We help real people navigate these and other life transitions with confidence and clarity.
In short, you can change a prenup after marriage. However, it is not as simple as adding notes to (or getting rid of) the old paper.
Can Premarital Agreements Be Amended?
Under Illinois law, a prenuptial agreement can be amended or even revoked after you are married. Couples may choose to do this when their financial circumstances change significantly, such as starting a business, receiving an inheritance, or having children.
However, the most important aspect of such amendments is that both parties must agree to the changes. You cannot unilaterally change the terms of a prenup just because you are now considering divorce. If your spouse does not agree to sign a new amendment, the original document will likely stand.
What Are the Requirements for Changing a Prenup?
For your amended agreement to hold up in court, it must meet specific legal standards. Trying to change it informally over dinner will more than likely result in a judge throwing it out.
To validly amend a prenup in Illinois, you will need:
- Written Agreement: The amendment must be in writing. Verbal promises to change the deal do not count in court.
- Voluntary Signatures: Both you and your spouse must sign voluntarily. If there is any evidence of coercion or duress, the amended agreement can be voided.
- Full Disclosure: Just as with the initial agreement, both parties need to be honest about their current assets and debts. Hiding money during this process is a surefire way to have the agreement invalidated later.
Generally, a valid amendment is enforced the same way as the original contract.Â
Timing Considerations for Changing a Prenup
Timing is everything. If you are already in the middle of a high-conflict separation, it is very unlikely your spouse will agree to change the prenup to be more favorable to you. In this sense, changing a prenup right before a divorce is technically possible, but may be highly improbable.
Often, the best time to amend a prenup is when the marriage is stable, and both parties want to update the document to reflect their current reality. However, if you are on the brink of divorce and no change seems possible, your attorney can always review the original document. There may be clauses that are no longer enforceable or valid based on how your life has evolved.
Making Mutually Beneficial Changes
If you are worried that your current prenuptial agreement is unfair or outdated, do not panic. The first step is to have a legal professional look at what you actually signed.
At Reifman Law Offices, we make the law simple and our services affordable. We can review your existing agreement and help you understand your options. Whether it means helping you negotiate a postnuptial amendment or preparing for the divorce process under the current terms, we will be there every step of the way. Schedule your free consultation with us today to start discussing your situation.
At Reifman Law Offices,
we will take the weight of dealing with family legal issues off of your shoulders.
Call Us 847-229-8433
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