Can I have the marriage contract changed afterwards?
March 10, 2023 | 50,00 EUR | answered by Gerd Möller
Dear lawyer,
I am reaching out to you with a question regarding family law, as I am unsure how to proceed in my current situation. My name is Chloé Wunderlich and I have been married to my husband for five years. Before our marriage, we created a prenuptial agreement, which includes provisions regarding our assets and support.
However, in the past few months, there have been some changes in our financial situation that were not taken into account in the prenuptial agreement. My husband has taken on a new professional position and now earns significantly more than he did at the beginning of our marriage. I have also started my own business and am now earning more than before.
Due to these changes, I am concerned that the existing prenuptial agreement no longer reflects our current needs and financial capabilities. Therefore, I am wondering if it is possible to amend and adjust the prenuptial agreement after the fact. Are there legal options to modify the agreements in the prenuptial agreement to align with current circumstances?
I want to ensure that we are treated fairly and justly, and that the prenuptial agreement reflects our current life circumstances. I would greatly appreciate your assessment and possible solutions on this matter.
Thank you in advance for your assistance.
Sincerely,
Chloé Wunderlich
Dear Mrs. Wunderlich,
Thank you for your inquiry regarding the topic of prenuptial agreements and possible adjustments due to changing financial situations. As a family law attorney, I can provide you with some information on this matter.
In general, it is possible to modify or amend an existing prenuptial agreement. This may be necessary, for example, if the financial circumstances of one spouse have significantly changed and the existing provisions in the prenuptial agreement are no longer appropriate. In your case, where both you and your husband have experienced a substantial increase in income in recent months, it may be advisable to adapt the prenuptial agreement.
To modify the prenuptial agreement, it is recommended to consult with a family law attorney who can assist you and your husband in revising the agreement. Together, you can take into account the current financial circumstances and needs, and make the necessary adjustments to the prenuptial agreement. It is important that both parties voluntarily and mutually participate in the modification of the prenuptial agreement.
Please note that any changes to the prenuptial agreement must be notarized in order to be legally effective. The notary can assist you in taking the necessary steps and making the changes legally binding.
It is advisable to act promptly to ensure that the prenuptial agreement is adapted to the current circumstances and is fair to both parties. I am available for further questions or consultations.
I hope this information is helpful to you and I am here to provide further assistance.
Sincerely,
Gerd Möller
