Can You Modify a Prenuptial Agreement in Virginia?

In the state of Virginia, a prenuptial agreement may be modified under certain conditions with the help of a Manassas prenuptial agreement lawyer. Like any legal contract, a prenuptial agreement is subject to revisions as long as both parties are in agreement with the changes and the appropriate legal steps are taken. In this article, we will discuss what exactly a prenuptial agreement is, why couples may choose to modify one, and conditions that may invalidate the changes. 

What is a Prenuptial Agreement?

A prenuptial agreement, also known as a prenup, is a legally binding document created before marriage that outlines how a couple’s assets and liabilities will be divided in the event of a divorce or death. It may also address spousal support, property rights, and other important financial matters. While people commonly think that prenups are only necessary if you are wealthy, the reality is that they can benefit any couple that wants to avoid uncertainty if a death occurs or they divorce. To be valid, prenups must be in writing and voluntarily signed by both parties. Additionally, each spouse is required to disclose any and all financial assets to ensure that the agreement is enforceable. 

Reasons Why Couples Modify Prenups

There are several reasons that a couple might decide that they want to modify a prenuptial agreement, many of which boil down to life changes. Here are some of the most common reasons why couples may modify their prenup:

• Significant Financial Changes: If one or both spouses experience substantial changes in the financial situation, whether they are accumulating debt or building wealth, they may want to update their prenup to account for these changes.
• Birth or Adoption of Children: Since prenups are often made before a couple has children, couples may decide that they want to modify their prenup to reflect new priorities concerning their children, such as child support arrangements or education funds. 
• Relocation: Since states often have different marital laws and requirements regarding prenuptial agreements, modifications may be necessary in the event that the couple moves.
• Change in Personal Preferences: In some cases, couples may simply decide that they are no longer in favor of their prenuptial agreement and may decide to modify it to reflect these changed views and circumstances.

When Modification Could Be Invalid

Although modifying a prenuptial agreement is a possibility in most cases in Virginia, there are a few situations in which it could be deemed invalid, including:

• Coercion or Duress: If either spouse is pressured or coerced into signing the modified prenup, this may invalidate it. The modification must be a voluntary decision made by both parties. 
• Lack of Full Disclosure: Just as with the original prenuptial agreement, both parties are required to fully disclose all of their assets and debts. Failure to do so may invalidate the modification.
• Unconscionability: If the proposed modification is very one-sided and unfair, the court may decide to invalidate it.
• Improper Execution: Like the original prenup, the modified prenup must follow the same legal formalities, such as being in writing and signed by both spouses. Otherwise, the court may invalidate it.