Divorce attorneys in the United States have seen an increase in prenuptial agreements. These premarital contracts are a smart way to safeguard separate property in case of a divorce. That said, a prenup is not as ironclad as you might think. A lot can change over the course of a marriage, both in terms of each partner’s assets and their attitudes toward one another. If you are facing a divorce and dissatisfied with the terms you came to before heading down the aisle, a lawyer might be able to help.

How Can a Divorce Attorney Change a Prenup?

Your divorce attorney can request that the courts reject the prenup for a variety of reasons. To be valid, the contract must be in writing and free of fraud. If, for instance, a partner failed to reveal assets in the prenup, it could be invalid.

Further, a prenuptial agreement cannot be “unconscionable” or wildly unfair. If carrying out the terms were to leave one of the spouses penniless, homeless, and facing bankruptcy, a divorce attorney can make a good case against it.

It’s also essential that both people were in a sober and reasonable state of mind when signing the prenup. If a lawyer wants to contest this, for instance, they could enter into evidence old text messages in which one partner admits they were inebriated during the signing.

What About Postnups?

A prenup is not a document that you draft once and forget about. You want to revisit it regularly to ensure it still reflects both partner’s needs. Amendments made after marriage transform the document into a postnuptial agreement.

Changes in assets or employment can inspire a postnup. For example, if one partner stops working to take care of the kids, they might want to renegotiate spousal support. Additionally, you will want to take another look at your prenuptial agreement if you move to a new state. Laws vary from one place to the next, so make sure the document’s terms still hold.

If you aren’t happy with the terms of your prenuptial agreement and a separation is looming—speak with a lawyer. A divorce attorney can assess your chances of changing the terms. For help in Cincinnati, OH, look to O'Connor, Mikita & Davidson. With more than 20 years of family law experience, these professionals are known for their compassionate client care. You can find an office near you online. To schedule an appointment, call (513) 793-5297.