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Can a prenuptial agreement be changed after getting married?

As the name implies, prenuptial agreements are formed prior to a couple getting married. When a couple forms such an agreement, the agreement takes effect once the marriage occurs.

Now, obviously, a lot can change in a couple's life after they get married, including the couple's financial situation. Thus, it is possible that, after a couple with a prenuptial agreement gets married, the couple will no longer be happy with the terms of the prenuptial agreement and feel that different terms would be a better fit. A question such a couple may have is: now that we are married, are we just stuck with the original terms of the prenuptial agreement or can we change them?

Here in Texas, married couples with a prenuptial agreement can make changes to the agreement, as state law does allow a couple to amend a prenuptial agreement after they have gotten married.

However, Texas law does put restrictions on how post-wedding changes to a prenuptial agreement can be made. A prenuptial agreement cannot be amended through an oral agreement. Rather, state law requires that post-wedding agreements to amend a prenuptial agreement be in writing and signed by both parties to be legally enforceable. 

Thus, when a married couple decides that they want to make changes to a prenuptial agreement they have, it is important that they carefully follow state rules on amending a prenuptial agreement. Failing to follow such rules could result in the changes being unenforceable, and thus the provisions that the changes were meant to replace still being in force, which could potentially be a very unpleasant surprise for a person if a divorce were to occur.

Thus, when a person is trying to amend a prenuptial agreement, they may want to consult with a family law attorney to make sure they are doing things correctly. 

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