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Is it possible to modify prenups after marriage in Texas?

On Behalf of | Jan 22, 2025 | Prenuptial Agreements |

Many couples now choose to sign prenups before tying the knot. But marriages evolve, and your circumstances may change. A few years into your marriage, you might find your old agreement no longer fits your life.

If you’re wondering whether you can update your prenup after saying “I do,” there’s good news.

Yes, you can modify your prenup

You can change or cancel your prenuptial agreement after getting married in Texas. In fact, you may modify your prenup at any time. Some reasons couples request to alter their prenup terms or cancel the agreement include:

  • Having more kids and wanting to protect them financially in the prenup
  • Changing careers or getting a big promotion
  • Launching a business, either together or solo
  • Receiving a major inheritance
  • Changing financial goals as a couple

The only strict requirement for the change is that you and your spouse must agree. So, both you and your spouse must want these changes—one person can’t force them on the other.

How to modify a prenup after marriage

Modifying a prenup requires a formal written agreement signed by both spouses. Similar to how you made the original prenup, this document needs proper formatting and clear language.

Moreover, both parties should seek independent legal counsel before signing. The modification must follow the same legal requirements as the original agreement. This includes full financial disclosure and a statement of the absence of coercion.

Creating flexibility for your marital future

Your prenup can evolve together with your marriage. If you anticipate major life changes or want to set a definite point for you and your spouse to reconsider or renegotiate your prenup, consider including sunset clauses in your original agreement.

It is also prudent to ask a legal professional for advice or help drafting the document. A family law attorney can help protect your and your spouse’s interests while adapting the document to your changing needs.