A prenuptial agreement is designed to protect both parties by outlining how certain assets and financial matters will be handled in marriage and in the event of divorce. Over time, life circumstances change, and couples may need to update or adjust these agreements to reflect new realities.
In the video, Atty. Tyler Monahan of Turner-Monahan PLLC shares key steps for making premarital and postmarital agreements stronger and more likely to hold up in court. All case evaluations are based on Texas Family Law. This content is for educational purposes only.
Modifying a Prenuptial Agreement
Many people wonder if it is possible to make changes to a prenuptial agreement after it has been signed. The answer is yes. People do sometimes make modifications, which are called codicils, to their premarital agreements.
A codicil is a small addition or supplement to the original agreement. It allows you to keep the original prenuptial or postnuptial agreement in place while adding specific updates. This way, you do not have to redo the entire agreement, and you can still maintain the original terms while making adjustments where needed.
How a Codicil Works
When creating a codicil, the new document will state that everything in the original prenuptial agreement remains valid and in full effect, except for the changes listed in the codicil.
For example, a couple might decide that the house they recently bought in Florida will now be considered community property. The codicil would clearly state that this change applies only to that property, while all other original terms stay the same.
This allows couples to make specific updates without rewriting the entire agreement, which can be helpful if circumstances change over time.
The Importance of Clear Language
One of the most important factors when modifying a prenuptial agreement is the language used in the codicil. Vague or unclear wording can create misunderstandings, which may lead to legal disputes later on.
For example, stating that “the house belongs to both parties” without specifying exact ownership percentages or terms can cause confusion during a divorce. Clear, precise language is key to avoiding conflicts and ensuring both spouses fully understand the changes being made.
When to Consider Modifying
Changes to a prenuptial agreement are often considered when there are new developments in a couple’s life. Some common reasons include:
- Buying new property together
- A change in financial circumstances for one or both spouses
- Starting a business or acquiring new assets
- Deciding to update how certain property will be classified
These situations can make it important to revisit the original agreement to ensure it still fits the couple’s needs and intentions.
Why Professional Guidance Matters
At Turner-Monahan, we do not usually recommend modifying a prenuptial agreement on your own. Even though a codicil can be created, it must be carefully worded and legally sound. A poorly drafted modification can cause confusion or even invalidate parts of the original agreement.
It is always best to work with an experienced family law attorney to ensure the codicil is clear, enforceable, and aligned with state laws. This helps protect both parties and avoids problems in the future.
What the Texas Family Code Says
The Texas Family Code provides clear rules for creating and modifying premarital agreements. These laws are designed to protect both parties and ensure that agreements are enforceable.
Section 4.002 – Formalities of Agreement
This section requires that a prenuptial agreement, as well as any modifications, must be in writing and signed by both parties. Without these formalities, the modification may not be enforceable.
Section 4.006 – Grounds for Challenging an Agreement
A codicil or modification can be challenged if one spouse proves they did not sign it voluntarily or that it was unconscionable when signed. For example, if one spouse hid significant assets or pressured the other into signing, the court may decide the modification is invalid.
Section 4.003 – What Can Be Included
This section explains what terms can be covered in a prenuptial agreement and its modifications. It includes property ownership, rights to manage property, and how property will be divided if the marriage ends. Any modification must comply with these rules to be enforceable.
Section 4.005 – Amendments and Revocations
This statute specifically addresses how an agreement can be amended or revoked. It confirms that a modification must meet the same legal standards as the original prenuptial agreement and must be signed by both spouses.
Understanding these sections of the Texas Family Code ensures that any changes made to a prenuptial agreement are legally valid and protect both parties.
Hire An Experienced Fort Worth, Texas, Divorce Attorney
While it is possible to modify a prenuptial agreement using a codicil, it is a step that should be taken thoughtfully. Changes should be specific, carefully documented, and supported by proper legal advice.
At Turner Monahan, we help clients understand their options and create modifications that are legally strong and clear. If you are thinking about updating your prenuptial agreement, our team is here to guide you through the process.
Schedule a free, no-obligation consultation with Attorney Tyler Monahan to discuss the details.
Check our website for more information about our services. Plus, don’t forget to go through our blog to find out more about your case. There is tons of information on divorce and answers to unique questions like “How Can Parents Establish a New Normal That Prioritizes Their Children?”
FAQs Regarding Divorce
Divorce cases are unique, so you will have many questions. To save you time and hassle, here are some topics that revolve around the area. For more information, contact our firm, Turner-Monahan, PLLC.
Disclaimer
The commentary and opinions are for informational and educational purposes only and are not intended to provide legal advice. You should contact an attorney in your state for legal advice concerning any particular issue or problem. You can become a client and enter the attorney-client privilege only after hiring Turner-Monahan, PLLC, by signing a written retainer agreement.
