How to Voluntarily Nullify a Prenuptial Agreement
A prenuptial agreement governs the manner in which the assets of a marriage are allocated if a divorce occurs. A growing number of couples take advantage of a prenuptial agreement to protect their rights and interests. A prenuptial agreement remains in full force and effect unless and until it is set aside by agreement of the parties. If you and your spouse desire to voluntarily nullify a prenuptial agreement, there is an established legal procedure that you need to follow.
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Instructions
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Draft a contract to nullify a prenuptial agreement. In order for the contract to be effective, it must contain what is known legally as "consideration." In the case of a contract to nullify a prenuptial agreement, the consideration is mutual promises made between you and your spouse and committed to writing.
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Attach the original prenuptial agreement to the contract to nullify. By making the original prenuptial agreement a part of the contract to nullify, there is no confusion as to what is being referenced in the nullification document.
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Sign the contract to nullify the prenuptial agreement. Both you and your spouse need to sign the contract at the same time in front of a notary public. Indeed, you and your spouse need to sign two original copies of the contract to nullify. In the event that there is ever an issue pertaining to the prenuptial agreement and its nullification, it is necessary for both you and your spouse to have an original document.
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Tips & Warnings
The decision to voluntarily nullify a prenuptial agreement is not to be taken lightly. Therefore, before you elect to embark on this course, you are best served by obtaining legal advice and counsel. There are family law attorneys who specialize in dealing with issues involving prenuptial agreements. Both the state and local bar associations maintain directories of attorneys who practice in specific areas of the law.
