Prenuptial agreements have become fairly commonplace. Since they set expectations surrounding a divorce, they can provide a lot of clarity and protection for both parties if the worst should happen – but a prenup can start to feel outdated over time.
If a prenuptial agreement no longer seems to fit your current situation, you can always revise it through the use of a postnuptial agreement.
You can renegotiate whenever your spouse agrees – or when you have leverage
Sometimes both parties to a prenup recognize that the old agreement doesn’t seem to reflect their current situation, so they both want to make changes. That’s always ideal, and addressing the changes transparently and collaboratively can actually strengthen the marriage by showing that each party is committed to fairness toward the other.
However, you can also negotiate a prenuptial agreement when you have some leverage. The former first lady famously renegotiated her prenuptial agreement, for example, when her husband wanted her to take a more visible role in his public political endeavors – which is not something that she initially embraced.
You might have the kind of leverage you need to prompt changes through a postnuptial when:
- Your spouse wants to use the joint savings to fund their new business plan
- You’re being asked to give up your career to stay home with the children
- You’re being asked to give up your job so your spouse can take their dream job in a different state, a move which will cause significant damage to your career
- Your spouse decides they want to go back to school for a professional degree and you’re being asked to support them during that time
As long as your requests for changes are reasonable and reflective of your evolving relationship and contributions to the marriage, revisions to a prenup will usually be acceptable. Obtaining comprehensive legal guidance before you start can make the process easier.