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Can I modify a prenuptial agreement?

For couples living in Texas, it is even more vital to consider a prenuptial agreement than for couples living in other states. The Lone Star State's long-standing community property laws can split assets in surprisingly unfair ways that neither spouse is pleased with if a divorce comes down the line. But what if you've already made a prenuptial agreement and circumstances change such that it needs to be changed? Can you change your prenuptial agreement?

Yes, it is possible to modify your prenuptial agreement, but it is not simple. When you choose to modify your prenuptial agreement (effectively creating a post-nuptial agreement), you are inviting an additional level of scrutiny by the courts. It is absolutely vital that any and all elements of your prenuptial agreement modification is assisted by an experienced attorney, or you may risk invalidating the entire agreement altogether.

Let's say that you have created a prenuptial agreement because you prefer to have these things ironed out to reduce potential strains on your marriage. Several years into your marriage, one spouse or another writes a screenplay he or she wishes to produce into a feature film. It is reasonable that you may want to amend your prenuptial agreement to make the screenplay the sole property of the creating spouse. However, if your modification is not carefully undertaken and worded, then you may not only fail to protect the work for peace of mind, but may also invalidate the rest of the agreement through the faulty amendment.

Prenuptial and post-nuptial agreements are only as strong as the experienced minds who help you craft them. In much the same way that an experienced contractor can help you build the house of your dreams, an experienced attorney can help you craft the documents you need with the legal knowledge to ensure their viability in the court.

Source: Findlaw, "Making Your Postnuptial Agreement Enforceable: Former CEO's High Dollar Divorce Illustrates the Stakes," accessed Jan. 31, 2017

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Weinman & Associates, P.C.
8200 North MoPac Expressway
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Austin, TX 78759

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