When to Update an Exisiting Prenup (and Why It Matters)

Prenuptial agreements do not have to remain as they were when you married. You and your spouse can always renegotiate. Updating a prenuptial agreement allows you to align it with your current financial situation, family circumstances, and long-term goals.

At Weiner Law Group, we know that no two couples are the same. Since 1988, New Jersey families have trusted us for guidance on legal matters. Our attorneys collaborate closely with clients, develop creative strategies, and remain committed to protecting each client’s interests. We focus on personalized representation that helps clients move forward.

What Is a Prenup?

A prenuptial agreement or prenup is a legally binding contract that two people sign before marriage. It sets out how the couple will handle financial matters if the marriage ends.

Couples often use prenups to:

• Protect assets acquired before marriage,
• Clarify responsibility for debts,
• Provide security for children from previous relationships,
• Establish financial expectations during the marriage, and
• Simplify the possibility of a separation or divorce process.

A prenup does not only apply to high-net-worth couples. Any couple who wants financial transparency and protection can benefit from one. However, a prenup drafted years ago may no longer reflect your circumstances. Prenups that no longer reflect the reality of the couple who signed them may be legally unenforceable, making updating the prenuptial agreement necessary.

When to Update a Prenuptial Agreement

When to update a prenuptial agreement depends on what is happening in your life. If certain circumstances have changed, updating your prenuptial agreement ensures that the terms match your present situation.

Financial Changes

Money often plays the biggest role in determining whether to revise a prenup. Major shifts in income or the addition of new assets can disrupt the balance that the agreement originally intended to preserve, such as:

• Significant changes in income. If one spouse earns much more or less than at the time of marriage, the financial balance of the relationship may shift, creating an imbalance under the original prenup terms.
• Receiving an inheritance. Large inheritances can alter financial planning and may need protection through revised terms, especially if you want to keep inherited property separate.
• Starting or expanding a business. Business interests can complicate property division without clear agreements, and updating terms can safeguard ownership or growth.
• Joint ownership of property. Couples often acquire property or make joint investments after marriage. If couples make significant purchases, they should record ownership details in writing.

These changes can dramatically affect how fair an agreement is.

Family Circumstances

Family developments, particularly the addition of children, can alter priorities and long-term planning. While you cannot include most issues related to children in a prenup, other aspects of the original agreement may need to be updated.

Health Considerations

Serious health issues can create unexpected financial challenges. A prenup that does not address long-term care or medical expenses may leave gaps in protection for both spouses.

Legal Considerations

Legal changes, like moving to a new state, may also make it necessary to update your agreement. Each state has its own rules for prenups, and moving can affect how a court views the original terms.

Why Updating a Prenuptial Agreement Matters

Updating your prenup does more than adjust financial terms. It keeps the agreement legally enforceable and aligns it with your present circumstances. Outdated agreements often invite disputes because they no longer accurately or fairly reflect the couple’s circumstances. 

Failing to update an agreement can even make it so unfair that courts call it unconscionable. An unconscionable agreement heavily favors one spouse while leaving the other with little to no protection. Courts consider how fair these agreements were both when they were signed and when someone asked the court to enforce them. Examples include

• A prenup that leaves one spouse with nearly all assets while the other receives nothing;
• An agreement that denies a spouse any claim to property despite years of financial or household contributions;
• A prenup signed without full financial disclosure, where one spouse hid significant assets from the other; and
• A contract where one spouse agreed under pressure or without the chance to consult an attorney.

By avoiding unconscionable terms, couples increase the likelihood that the agreement will stand in court.

Changing prenup terms legally allows couples to:

• Strengthen the agreement,
• Provide financial security for both spouses and children,
• Clarify the status and management of newly acquired assets, and
• Reduce the risk of one spouse feeling disadvantaged by outdated terms.

Updating a prenuptial agreement also shows mutual respect, transparency, and a willingness to adapt as life changes.

Revising a Prenup After Marriage

To modify the terms of your prenup, renegotiate with your spouse. First, you must provide a complete and honest accounting of your assets, debts, and income. Even if you fully disclosed your financial information when you first created the prenup, repeating it if you change the agreement is essential to ensure your spouse is informed about any changes.

Your revised prenup, like your original, must be:

• Voluntary. Both spouses must agree freely and knowingly. Neither spouse can pressure the other to sign.
• Written. Couples must write the changes and sign them. Courts will not recognize oral agreements or informal promises.
• Fair and reasonable. Courts may reject updates that they consider unconscionable or seriously unfair. What is considered fair depends on the couple’s financial picture.

A prenuptial agreement attorney can guide you through revising a prenup after marriage or updating one before major life changes. At Weiner Law Group, we help clients take the right steps so that updated agreements meet legal standards and protect both parties.

Moving Forward 

Updating a prenuptial agreement gives you an important tool for protecting your future. If your financial or personal circumstances have changed, now may be the right time to review your prenup. Life evolves, and your agreement should evolve with it.

At Weiner Law Group, we have served New Jersey families since 1988 with professionalism and care. Our team provides thoughtful, creative legal solutions tailored to each client’s situation. 

Call Weiner Law Group today at 973-403-1100 or contact us online to schedule a consultation. Let us help you protect what matters most.

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