How to Void Prenuptial Agreements
No couple enters into a prenuptial agreement lightly. Couples agree to sign prenuptial agreements to stipulate the distribution of property or wealth particularly when one party has more than the other, or if both parties have a substantial amount of wealth they would like to keep in the event of a divorce. While most hope that the agreement will not be used, if they decide to split, the "prenup," as it's colloquially called, comes into play. While these agreements are binding legal contracts--and as such taken very seriously by the law--they can be voided under certain circumstances. While it varies from state to state, here are some steps to take to void a prenuptial agreement.
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Instructions
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Call a trusted attorney who specializes in family law. It's not advisable to attempt to void a prenuptial agreement on your own, as it's likely you used an attorney to create and sign it. If you think you have a good case for nullifying a prenuptial agreement, an attorney will draft the necessary paperwork to file with the appropriate court. Ultimately, it's the judge who will decide if the prenuptial agreement can be nullified.
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Add a sunset clause. Couples can agree to add this cause to a prenuptial agreement when it's being drawn up to void the agreement when a certain event happens, such as when they have a child. When that event occurs, the prenuptial agreement becomes void.
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Claim improper disclosure of assets by one party. Prenuptial agreements are only valid under the condition that both parties have accurately disclosed their financial assets. If it's discovered that one or both of the couple has not done this, the prenuptial agreement can be voided.
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Prove a change in financial circumstances. If the financial situation of one of the parties has changed dramatically because of circumstances beyond his or her control, it may be possible to nullify the prenuptial agreement. Patrick Toney, a divorce and family attorney in Massachusetts, said he knew of one case in which an airline pilot who was a millionaire signed a prenuptial agreement with someone of similar financial means prior to 9/11. However, after the toll that event took on the airline industry, he lost much of his wealth, so the prenuptial agreement--in which he was not entitled to his wife's money--might not apply if they split. "If they get divorced now he could be awarded alimony even though he signed it away with the prenup," Toney said. "His circumstances were drastically changed."
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Have the marriage annulled. If a marriage for which there is a prenuptial agreement is annulled, or voided, the prenuptial agreement also becomes nullified.
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Tips & Warnings
Know what you're signing before you agree to anything in a prenuptial agreement.
Fully and accurately disclose your assets and financial situation before drawing a prenuptial agreement.
Don't try to negotiate a prenuptial agreement or nullify one without an attorney.
Don't agree to anything in a prenuptial agreement that you wouldn't agree to in a divorce. While no one wants to plan for divorce before he or she even gets married, no one knows how circumstances may change. Going through a divorce is already stressful enough. Planning ahead can save you grief in the future.
