Wednesday, April 23, 2014

In NYS how can we make amendments to a pre-nuptial agreement that my wife entered into before we got married in 2011?

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 (

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