Going Through Major Life Changes? How To Update a San Jose Prenuptial or Postnuptial Agreement

A prenuptial or postnuptial agreement isn’t just a “set it and forget it” document. It’s a living contract that should reflect your current life, not just the circumstances you were in when you signed it.

Marriage, careers, and finances evolve, and if your agreement doesn’t keep up, you may find it offers little protection when needed. Our San Jose family lawyer explains how updating your prenup or postnup after a significant life change can mean the difference between a smooth resolution and a costly legal battle.

When Should You Update A Prenuptial or Postnuptial Agreement In San Jose?

Provisions within the California Family Code allow couples to modify a prenuptial or postnuptial agreement at any time, as long as both parties agree to the change and the updated document meets the same legal standards as the original. You may want to revisit specific provisions in a San Jose pre- or postnup after events such as:

• Starting or selling a business;
• Significant increases or decreases in income;
• Receiving an inheritance or large gift;
• Having children or adopting;
• Buying or selling major assets, like a home;
• Moving to a new state or country;
• Health changes that impact earning potential.

These changes can affect how your assets, debts, and financial responsibilities get divided if you file a divorce petition through the Santa Clara County Family Court. Judges rely on the most recent signed agreement in determining spousal support and property division, even if it no longer reflects your intentions.

How to Legally Update Your San Jose Pre- or Postnup

An updated prenup or postnup in San Jose must meet the same requirements as the original agreement to be enforceable. In California, that means:

• Full financial disclosure: Each spouse must share a complete and accurate picture of assets, debts, and income at the time of the update.
• Voluntary agreement: Neither party can be pressured or coerced into signing.
• Independent legal counsel: Each spouse either needs to have their own legal representative or formally waive the right to counsel in writing.
• Clear, fair terms: Avoid unconscionable clauses or those heavily favoring one spouse.

The process generally involves drafting an amended agreement that incorporates new terms or replaces outdated provisions. Both parties must review, sign, and date the latest version. The updated agreement needs to be notarized if significant changes are made. Failing to follow these steps could make the updated agreement vulnerable to being challenged or invalidated in court.

To Modify A Santa Clara County Prenuptial or Postnuptial Agreement, Contact Our Experienced San Jose Family Lawyer

If your life looks different from when you first created and signed a prenup or postnuptial agreement in San Jose, now is the time to make necessary changes. At Argyris Mah, LLP, we help couples make modifications with precision and care, ensuring all documents remain clear and enforceable under the California Family Code.

To ensure your agreement protects your rights and remains aligned with your goals, contact our office. Schedule a confidential consultation with our experienced San Jose family lawyer today.

Source:

leginfo.legislature.ca.gov/faces/codes_displayexpandedbranch.xhtml?tocCode=FAM&division=4.&title=&part=5.&chapter=2.&article=