A prenuptial agreement in California can always be changed, as long as both spouses sign off on the modification. If something changes, such as your marital property or number of children, and you wish to update your prenup with the most recent information, you and your spouse must both agree to make the change. You can change your prenuptial agreement by adding terms, removing terms or amending provisions.
There are two ways to modify a prenuptial agreement in California:
Alter the existing prenup. Most prenuptial agreements have terms that allow for amendments or cancelations, especially prenups that are drawn up by attorneys. If this is the case, you and your spouse can modify your existing prenup. First, you will put what you wish to change in writing. Then you and your spouse will sign the document and submit it to the family court to make the change official.
Create a new contract. If your prenuptial agreement does not contain terms for what to do if you wish to amend or revoke the document, you will be unable to add new information to the original contract. Instead, you will have to draw up another contract. You and your spouse should work with an attorney to create a new prenuptial agreement – or postnuptial agreement, if you are already married – containing the desired terms.
Note that a prenuptial agreement cannot be modified in California if you are legally separated from your spouse or in the process of getting a divorce. You may only modify a prenup before you are wed or during your marriage, and only with the cooperation of your spouse. It is also against the law to force someone to change the terms of a prenup under fraud or duress. Each spouse must sign off on the change by his or her own volition; otherwise, the modification or amendment will not hold up in court.