Revisiting your prenuptial agreement during divorce

On Behalf of | Nov 9, 2023 | Divorce |

When couples fall in love and want to marry, they sometimes sign prenuptial agreements. Before your wedding, you may assume that the union will last forever and thus be willing to accept less favorable terms.

Unfortunately, many marriages fall short of eternal. If divorce is imminent, it may be reasonable to renegotiate this document. Sensible adjustments can help achieve a more equitable parting of ways.

Initiate open communication

Start a respectful conversation with your soon-to-be ex about your rationale for changing the prenup. Create an environment where both parties are comfortable expressing their concerns and wishes.

Define new goals

During the discussion, specify your goals and priorities. What aspects of the document need modification? Be clear about what you want to change and why.

Review the prenup

Ensure both parties fully understand the prenuptial agreement, including what it says about assets, debts and spousal support, then address any ambiguities or concerns. If you are still living together, there must be a decision on who will keep the marital home. This matter is irrelevant for a surprising number, as U.S. Census data shows that 3.89 million American married adults live apart.

Prepare for compromise

Renegotiating usually requires accommodations from both sides. Be willing to make concessions, as the other person may be unwilling to give everything you want. Remember that a flexible attitude can lead to a more mutually agreeable resolution.

Document the changes

Once the renegotiation process is complete, make the alterations official. Draft new paperwork and have both parties sign and date it.

Reworking a prenuptial agreement could be necessary to ensure the fairest outcome from a divorce. The ultimate goal is to create a new version of the prenup that better suits the current circumstances and promotes a more harmonious split.