Modifying a Pre-Nuptial Agreement
It is not uncommon for a couple to get married under one set of circumstances and sign a prenuptial agreement that reflects those circumstances. Later on, after the wedding has taken place, potentially five or ten years down the road, the couple’s circumstances might have changed. This change in circumstance could cause the couple to want to modify their prenuptial agreement to reflect the changes that have occurred.
Modifying a prenuptial agreement requires many of the same steps in order to be valid as the original agreement. For starters, both parties must have independent counsel when the agreement is being drawn up. Without a lawyer representing only his or her interests, the agreement will most likely be determined to be invalid. It is invalid because both parties were not necessarily informed of what each change meant to his or her interests.
The changed circumstances that require the change agreement vary from couple to couple. If the prenuptial agreement detailed the number of children to be had and then the second child ended up being twins, this could require modification of any provision for child support that was included in the original prenuptial agreement.
Another common change is that one of the spouses will inherit money or a home or something from a relative. Without modifying the agreement to detail who gets the house or the money, it would be divided according to the North Carolina laws regarding property division.
Contact a Raleigh Family Lawyer
If the financial or familial circumstances of your marriage have changed beyond what your prenuptial agreement allows for and you and your spouse are interested in revising the agreement, contact the Raleigh divorce lawyer of Marshall & Taylor PLLC at (919) 833-1040 to discuss your concerns or questions with a dedicated family attorney.