Q: My wife and I entered into a pre-nuptial agreement before we got married in 2011. We live in NYS. We have agreed upon certain changes that we would like to make to the agreement. My wife's attorney says that we would need to enter into a post-nuptial agreement. She also says that a problem is "lack of consideration." My questions:
1. Can we make an amendment to the original pre-nup and not have to enter into a post-nup?
2. The consideration was specified in the original pre-nuptial agreement, so can the amendment can simply refer to that consideration?
A: David's Answer: Unless your original prenup has language to the contrary, you should be able to modify the original prenup. Additionally, NYS General Obligations Law specifically excludes documents like prenups or separation agreements from the requirement of consideration for contracts. Schedule a consult with a Divorce attorney in your area. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
I am a former Family Court prosecutor and handle all divorce and family law matters, including contested and uncontested divorces, child custody/visitation, child support/paternity, adoptions, family offense (orders of protection), child abuse/neglect and juvenile delinquency. I practice primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). My website can be found at www.blivenlaw.net.
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