Before couples get married, they entered into a prenuptial agreement. In the unfortunate event of death, separation, or divorce, this agreement can set forth what will happen to their income and assets. Mainly, in the circumstances the marriage ends, the couple can indeed preserve the nature of the property through a prenuptial agreement. Instead of equitable distribution laws or being subject to community property, separate property can remain independent.
Prenuptial agreements are gaining popularity, and there are several reasons for this. One of them is that people have their focus on their careers and delaying marriage. Both partners will have financial worth and property to protect when they do marry. They can do this easily with prenuptial agreements. Prenuptial agreements are also standard with a partner having children from their former marriage. With such an agreement, a spouse will have the assurance that their property goes to their children.
Modifying Your Prenuptial Agreements After Marriage
Couples can quite modify a prenuptial agreement at any time. However, both parties may also agree to any modifications made to the contract, just as both parties need to sign the prenuptial agreement As such, the process tends to be relatively simple if the couples have a mutual understanding to make specific amendments to their first prenuptial contract.
An amendment is a revision to your prenuptial agreement. The change also takes the form of an additional page or pages that are added to the end of the prenup. For any part that couples may want to modify, it will override or alter any part of the prenuptial agreement. You can have a clear grasp of the process from the experienced Boca Raton, Florida prenuptial agreement lawyer at Lewert Law that will review the document to ensure that it has not notarized and also reflects your desires accurately.
However, you may have to pursue other options if your spouse does not wish to modify the existing prenuptial agreement.
Invalidating the Prenuptial Agreement
You may want to consider the prenup’s enforceability if your spouse wishes to leave things as they are against your wish to modify your prenuptial agreement. Some many factors may be the cause of the invalidity of your prenuptial agreement. At Lewert Law, the Boca Raton, Florida prenuptial agreement lawyer will determine if your prenuptial agreement is an enforceable document. It will also assist you in reviewing your prenuptial agreement and the circumstances surrounding its creation when you work with one of their experienced attorneys. You may not have to worry about modifying it at all if you discover the reason for your prenuptial agreement to be invalid.
Crafting Postnuptial Agreements
Anyone has the opportunity to create a postnuptial agreement if you didn’t create one before you were married, or you’ve determined your prenuptial agreement to be invalid. With the couples making sure they take the necessary steps to ensure the protection of their assets during a divorce, these types of documents are becoming more common.
Also, you can override a previously written prenuptial agreement by drawing up a postnuptial agreement. If there are drastic changes in desires and circumstances between you and your spouse since the time you both signed the prenuptial agreement, this may be a good option. Also, it’s critical to ensure you work with an experienced attorney to guarantee that it is done professionally if you want them to draft up a postnuptial agreement for you.
Why You May Wish to Amend
Now is the time to discuss some common reasons for seeking a modification for a prenuptial agreement since you’re aware of some options if your spouse doesn’t wish to modify and that you can edit your prenuptial agreement. When the couple has children and a change in finances are the two most common reasons for amending a prenuptial agreement.
Most times, you will be making your best guesses regarding what the personal and financial circumstances will be if a divorce arises when drawing up a prenuptial agreement. Over the years, your conditions may alter and be unhappy with your existing prenup. It could be that you want to modify your prenup to state the property you have just inherited from your parents will remain with you in the event of a divorce if everything would be split equally, as stated in your prenuptial agreement.
You may also wish to modify a prenuptial agreement, so it accommodates the birth of any children in the relationship even when you cannot use prenuptial agreements to determine child custody. A good example is when you and your spouse divorce, and your prenup stated that the home would go to you that you owned when you were married. You may decide to modify the prenup after the birth of your children for your children to remain in a comfortable and familiar atmosphere to state that the family home will stay with whoever gets awarded primary custody.
You can reach out to the office of the Lewert Law today if you want to draw up a postnuptial agreement or wish to amend your prenuptial agreement. You will get professional assistance for their experienced attorneys.
