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Can you renegotiate a prenuptial agreement?

When you got married, your intended asked for a prenuptial agreement. You weren’t surprised. You were marrying someone of significant means, and they had a lot that they wanted to protect. Maybe they’d even been burned in the past by a former relationship. The terms seemed fair enough, so you signed.

Now, it’s 10 years down the road, and you’ve been through quite a lot with your spouse. You’ve proved your mettle as a partner in life, and your circumstances have changed quite a bit. The terms in that old prenup no longer seem so fair.

Can you negotiate a new one? Absolutely. Postnuptial agreements are often created to modify or completely re-haul a prenuptial agreement that no longer suits the situation.

Here are some things to consider as you negotiate with your spouse over a change in your agreement:

  1. What part of your prenuptial agreement no longer seems fair? It’s important to put words to exactly what bothers you about the agreement so that you can better address your concerns with your spouse.
  2. How do you feel about any agreements regarding the division of property? For example, maybe the prenup says that your spouse’s business is all their’s in a divorce, but you’ve been a big part of the company’s creative talent in the last decade. What would you consider reasonable compensation in a split?
  3. What type of spousal support would you be due? Prenups often seek to limit alimony payments in a divorce. Now that you’ve been married for a decade or longer, you may feel that the agreement is very stilted.
  4. What protections are your children offered? If you divorce, your spouse might remarry and have other children. A postnuptial agreement can help you protect your children’s inheritance from your spouse.

If you think that your prenuptial agreement is outdated, it may be time to seek the counsel of an experienced Houston attorney to discuss the specifics of your situation.