Can a CA Prenuptial Agreement Be Changed or Cancelled After the Wedding?
Prenuptial agreements have been steadily gaining in popularity over the years, as more couples preparing to get married see the agreements more and more as a positive way to protect both spouses from the expense, drama, uncertainty, and stress of a drawn-out divorce trial down the road. But even as the beneficial aspects of prenuptial agreements become clear, still some would-be spouses hesitate at creating a prenuptial agreement for several reasons. One reason is that people wonder if they will even want a prenuptial agreement several years in the future as the marriage matures. Another reason is that younger people in particular feel like they have only a limited idea of what financial situation they will be in years later and so find a prenuptial agreement somewhat premature. But, because prenuptial agreements can be changed (with mutual consent) or cancelled altogether in California after the wedding (again, with mutual consent), both of these concerns can be easily addressed.
Changing a Prenuptial Agreement to a Postnuptial Agreement
First off, it is important to understand that an experienced family law attorney can work with you to create a prenuptial agreement that will account for future earnings and property acquisitions for both spouses, even if you are unsure of what your financial circumstances will be years and even decades down the road.
In addition, couples in California do have the right to amend their prenuptial agreements into a postnuptial agreement years after the wedding has occurred. There may be any number of reasons that spurs the decision to do this – new family members, new property, new business operations, etc. – but, as long as both spouses are interested in changing the agreement and can agree on the terms, such a postnuptial agreement will be valid so long as it is negotiated and finalized with the proper formalities.
Cancelling Your California Prenuptial Agreement
Some couples may want to go a step further after a marriage and decide to do away with their prenuptial agreement altogether. There may be a number of very solid reasons not to take this step – namely that the couple would be doing away with the financial protections they negotiated for each other prior to marriage – but the important thing to understand is that it is an option.
Thus, entering into a prenuptial agreement does not have to be an unchangeable, irreversible step. As with creating a postnuptial agreement, both spouses would need to agree to cancel the agreement for it to be effective (otherwise the agreement would not provide protections). Talk to a California family law attorney for further guidance on your situation.
Get Help From California Family Law Attorneys With Your Prenuptial Agreement
The family law attorneys at The Law Offices of Omar Gastelum and Associates, PLC, with offices in Los Angeles and Newport Beach, have many years of experience representing men and women in negotiating and creating prenuptial agreements. For help with a prenuptial agreement or any other family law matter, contact our office today to schedule a consultation.
