Q: After marriage can we amend or modify our prenuptial agreement?
A: After marriage, a premarital agreement may be amended or revoked, but only by a written agreement that is signed by both parties. Unlike other consumer contracts in California there is no “grace period” after a prenuptial agreement is signed in which one of the parties may cancel or back out of it. In other words, after a prenuptial agreement is signed by the parties prior to marriage unless both of the parties subsequently agree to modify, revise or terminate it in writing, it will be final and binding on the spouses.
While after marriage a prenuptial agreement may be modified or revoked, the parties should consult with experienced family law counsel. After marriage the law imposes a fiduciary obligation on spouses, and courts therefore carefully and strictly scrutinize modifications of premarital agreements. Accordingly, if you wish to revise or modify your premarital agreement after marriage it is essential that experienced family law counsel represent you to assure your intended modifications will be effective.
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