Frequently Asked Questions
After marriage can we amend or modify
our prenuptial agreement?
After marriage, a premarital agreement may be amended or revoked, but only by a
written agreement that is signed by both parties. Unlike other consumer contracts in
California there is no "grace period" after a prenuptial agreement is signed in which one
of the parties may cancel or back out of it. In other words, after a prenuptial agreement
is signed by the parties prior to marriage, unless both of the parties subsequently agree
to modify, revise or terminate it in writing, it will be final and binding on the spouses.
While after marriage a prenuptial agreement may be modified or revoked, the
parties should consult with experienced family law counsel. After marriage, the law
imposes a fiduciary obligation on spouses, and courts therefore will strictly scrutinize
any modifications made to a premarital agreement. Accordingly, if you wish to revise or
modify your premarital agreement after marriage it is essential that experienced family
law counsel represent you and your spouse to assure your intended modifications will be