Modifying or Nullifying Prenups After Marriage in NY

One of the most commonly asked questions regarding prenuptial agreements is whether or not they can be changed after a couple has married. The answer is yes, a couple can modify or even nullify the terms of their prenup if they so choose. If certain aspects of a prenup are changed, any untouched conditions within the existing terms will continue to be effective as if nothing happened. For an agreement to be completely thrown out, both spouses must agree in writing that they no longer wish to adhere to the existing arrangement. Oftentimes, couples may choose to alter or scrap a prenuptial agreement due to a substantial change in circumstances.

In addition to a mutual agreement, a prenup can sometimes be voided in court during the process of divorce. While most prenuptial agreements have considerable legal enforceability, issues regarding their formation or terms can be questioned in court and possibly lead to their dismissal. In order to be valid, a prenuptial agreement must be written, voluntarily and mutually agreed upon, contain fully disclosed terms, conscionable, and notarized.

A prenuptial agreement can be thrown out of court if:

  1. The agreement is deemed to be fraudulent
  2. It is proven that a spouse was coerced into signing the agreement or lacked the proper mental capacity at the time of signing
  3. The paperwork was not properly filed
  4. The agreement was signed without the presence of legal representation
  5. The agreement contains lopsided or peculiar terms

Can You Sign a Prenup After Marriage?

You cannot get a prenuptial agreement after marriage. You can, however, get a postnuptial agreement. A postnuptial agreement essentially serves the same function as a prenup, it's just signed after a marriage has taken place.

A postnuptial agreement is a written contract that outlines what happens to assets, property, and debts in the event the marriage dissolves or one partner passes.

Need to Modify a Prenuptial Agreement? Call (631) 880-6440

If you and your spouse are looking to change or get rid of your existing prenuptial agreement, a highly skilled Long Island family law attorney from Hedayati Law Group P.C. can answer all of your legal questions and guide you towards a solution that best fits your needs.

To learn more about what our 100+ years of experience can do for you, call to request a free consultation or contact our office online today!

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