How to Nullify a Prenuptial Agreement
A prenuptial agreement is a contract spouses sign before they get married to afford financial protection and ensure the rights of each party in the event of a divorce. It usually lists each spouse's property and debts before marriage, and how they will be handled if the marriage ends. Though a prenuptial agreement is a legal contract, there are some ways to nullify it.
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Instructions
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Agree to Nullify
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Agree with your spouse about nullifying your prenuptial agreement, and then create a contract that does so.
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Note the details of your prenuptial agreement in your nullification agreement or attach it to the new document. Doing so makes it easier to remember and clarify what you are changing.
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Visit a notary public and sign two copies of the new contract. Have your spouse sign at the same time.
Petition the Court
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Go to court and formally contest your prenuptial agreement on the grounds that your verbal agreement wasn't official or you did not sign the document. In some states, prenuptial agreements don't have to be in writing, and verbal or unsigned agreements may be easier to nullify.
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Assert that you didn't have legal counsel to examine the agreement before signing, and were pressured into signing it. This may be grounds for rendering your agreement invalid.
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Find terms in your agreement that are in conflict with state or federal laws. A judge may nullify an agreement if it can be considered unlawful.
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Convince a judge that your spouse failed to disclose his or her true assets or debts. This may be grounds to have the contract voided.
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Tips & Warnings
Be aware that a judge may invalidate one or more terms and leave the rest of the document intact.
Custody, visitation and child support cannot be decided in a prenuptial agreement. If these things are included, a court won't uphold them.
If your contract includes anything that may be considered unfair, a judge may throw that part of the agreement or the whole agreement out.
Do not try to nullify your prenuptial agreement by destroying or shredding it. Even if you get rid of all the copies, the lawyer who drafted it may have a copy.
