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Should you amend your prenuptial agreement after you get married?

On Behalf of | Jun 23, 2023 | Family Law

Making the decision to create a prenuptial agreement before getting married is often a prudent choice, particularly in Minnesota. It sets the stage for financial clarity and stability.

But what happens after you say “I do?” Should you revisit that prenuptial agreement and consider amendments? Life, as you know, is never static. Circumstances change, fortunes rise or fall and your views evolve. Your prenuptial agreement, initially designed to suit your situation before marriage, might not accommodate changes occurring after your nuptials.

Reasons for amending your prenuptial agreement

There are many reasons why you might want to amend your prenuptial agreement after getting married. Maybe your financial circumstances have dramatically changed, either through inheritance, career progression or business growth. Perhaps you and your spouse now have children, and you want to ensure their future security.

Amendments can also come into play if you or your spouse incurred significant debts after marriage. You may need to protect your assets or shield yourself from liability. Therefore, keeping your prenuptial agreement up-to-date with life changes is an important consideration.

How to amend your prenuptial agreement in Minnesota

Amending a prenuptial agreement in Minnesota involves creating a document known as a postnuptial agreement. A postnuptial is similar to a prenuptial, except it happens after a couple gets married.

Just like a prenuptial agreement, a postnuptial agreement needs to be in writing, signed by both parties and notarized. Also, the agreement should be fair and not heavily favor one party over the other. Both parties should fully disclose their assets, debts, and income.

The importance of mutual agreement

Remember, for any changes to your prenuptial agreement to take effect, you and your spouse must mutually agree on them. Open and honest communication is key here. Discuss your motivations for wanting to amend the agreement and be open to your spouse’s input.

Revisiting your prenuptial agreement can not only protect your interests but also reinforce your partnership’s strength in navigating life’s changes together.

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