Yes. All that’s really required is that the document be in writing and that it be voluntarily entered into by each party. When we’re talking about modifying either an existing prenup or entering into a post-nup, if there wasn’t a prenup that was entered into that’s a slightly more tricky situation, and there is certainly a lawyer needed on each side of that transaction. It’s for the safety and protection of both parties, but the answer is absolutely it can be done.
Chuck Roberts is family lawyer at Momkus McCluskey Roberts, LLC, one of the largest law firms in DuPage County, Illinois.