A prenuptial agreement, also known as an antenuptial or premarital agreement, is a written contract agreed upon by a couple prior to marriage. The agreement specifies how the husband and wife will share each other's assets, future income and property, as well as how ownership will be divided in the event of a divorce. They are especially common among couples in which one or both of the partners possess substantial assets. As with other legal contracts, the parties may later find that the terms of the prenuptial agreement no longer represent their best interests. The law supports revocation of a prenuptial agreement so long as certain conditions are met.
Discuss concerns about the existing agreement with your partner, such as the status of the relationship and financial and familial goals. Outline each other's grievances, and agree upon revocation of the existing prenuptial agreement.
Contact an attorney. Decide whether you and your partner would like to modify the existing agreement, thus revoking it and contracting to the new agreement, or revoke the existing agreement completely. Specify the terms of revocation, such as time frame.
Draft a new prenuptial agreement or a document requesting revocation of the existing agreement. In the presence of your attorney, sign the new document and have your partner sign it as well.
- If the prenuptial agreement is deemed as unconscionable or seen as greatly favoring one party over the other, a court may render it unenforceable.
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