Amending Antenuptial Agreements

If you and your future spouse have already drafted, signed and recorded a prenuptial agreement with the court and later decide you want to change the terms of the prenup contract, you generally have the right to do so. Providing specific conditions are met and it is not in violation of any current contract, your prenuptial agreement lawyer may be able to draft an addendum to the original.

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Reasons to Amend Your Prenuptial Agreement

If your prenup agreement was created under the guidelines established in the Georgia Domestic Code, it is a legally binding contract. Some prenups do have clauses and provisions for canceling the agreement, but any major changes to it would need to be made by filing an addendum, which modifies or updates the original terms. To ensure the court enforces an addendum to your prenup, there must be a change in circumstances which necessitate altering the original. These changes may include the following:

  • Undisclosed assets or property: Discovering your spouse has property or accounts they failed to disclose justify an addendum to the original;
  • Newly acquired marital property: You may need to update your prenup to include a financial windfall or a new business venture;
  • Changes in health or economic status: Fluctuations in earnings and health concerns occur naturally over the course of your marriage, but any significant changes, such as quitting a job to support your spouse or being diagnosed with a debilitating disease, may justify changes in your agreement.