11 Nov Are Prenuptial Agreements Non-Modifiable?
Prenuptial agreements used to be a contract familiar to mainly celebrities and people with an extremely high amount of financial wealth. In today’s day and age, however, we find that prenuptial agreements are made between all sorts of couples, with varying degrees of wealth. Even with few assets to protect, people are simply becoming more comfortable with the idea of having their future spouse sign a document that states what will happen in the event of a divorce.
Prenuptial agreements are binding documents that are signed by both parties before their wedding day. Because the conditions of a prenuptial, or premarital, agreement are contracts that are made and agreed upon by the two spouses prior to the marriage, in anticipation of marriage – they are hardly ever modifiable. As such, the prenup should be properly thought out by both parties well in advance of the wedding date in order to come to an agreement that each spouse can be happy with. Before signing, both spouses should be sure they will adhere to the conditions of the contract.
However, a pre-marital agreement, under Florida law, is not a non-modifiable agreement. One can still challenge a prenuptial agreement on the basis of Fraud, Duress, Mistake, and other, similar challenges. That being said, it can be nearly impossible to change anything that was stated in the original document without the explicit, written consent of both parties.
It is, of course, unwise to go into an agreement without knowing what your rights are and without understanding how things will play out in the event of a dissolution of your marriage. An experienced family law attorney can help you understand everything that you should know before you sign such a prenuptial agreement, avoiding any need to attempt to modify the contract later.