Just because you signed a prenup does not mean you are stuck with it forever. California does allow changes to prenuptial agreements, but both partners have to agree and follow a few legal steps. If you are thinking about making updates, it helps to know what changes are allowed and what the process actually looks like.
Can Prenuptial Agreements Be Changed After the Wedding?
Yes, California does allow couples to change or revoke a prenuptial agreement after getting married, but it has to be done the right way. You cannot change one part of the agreement on your own, even if the other person seems to go along with it informally. Both spouses must agree in writing, and certain formalities have to be followed for any amendment to hold up later.
How Modifications Work When Both Spouses Agree
When both parties are on the same page, changes to a prenuptial agreement are completely possible. California law allows couples to update terms through written amendments that both spouses sign. These are sometimes referred to as postnuptial agreements and can include updates to property division or financial responsibilities as long as they are entered into voluntarily.
When a Prenup Becomes Unenforceable Without Changes
There are situations where a court may decide that part of a prenuptial agreement is not enforceable, even if neither spouse asked to change it. This can happen if one person fails to disclose assets before signing or if a specific term is found to be extremely unfair or unconscionable. Courts take these issues seriously and may set aside certain terms automatically without needing an amendment.
Why Courts Scrutinize Last-Minute Modifications
If a couple decides to modify a prenuptial agreement right before separating or during a major financial change, courts tend to take a closer look. Judges want to know whether both spouses had time to think it through and whether either person felt pressured.
The timing of a change can affect how much weight the court gives it later on, especially if the changes would impact long-term outcomes like spousal support or asset division.
What to Know Before Modifying a Prenup in California
Before you make any changes to a prenuptial agreement in California, there are a few things you need to understand. Courts take these contracts seriously, and any changes will be reviewed closely. Whether you are adjusting a financial term or canceling the agreement entirely, fairness, timing, and formality all matter. Here are some of the basic requirements for modifying a prenuptial agreement in California:
- Any change must be made in writing for the court to consider it valid.
- Both spouses have to agree to the change voluntarily, without pressure or coercion.
- Each person must disclose all relevant financial information before signing.
- Notarization is strongly recommended to show the document was signed with full awareness.
- Each spouse should have the opportunity to speak with their own attorney.
- The proposed changes must be fair when viewed in light of both parties’ circumstances.
- Courts may take timing into account, especially if the change happens right before a divorce.
- Agreements modified during pregnancy, illness, or other major life shifts may be scrutinized.
- Terms that seem one-sided or unexpected can lead to legal challenges under California Family Code § 1615.
California courts are cautious when reviewing changes to agreements that affect money, property, or spousal rights. If a judge sees signs that someone was taken advantage of or did not fully understand what they were signing, the changes may not hold up. California Family Code § 1617 and § 1500 explain how these agreements work alongside standard divorce laws, which is why clear documentation and fairness are so important from the start.