How to Revoke a Prenuptial Agreement

By John Stevens J.D.

A prenuptial agreement, sometimes referred to as a premarital or antenuptial agreement, is a contract entered into by two parties who intend to marry. The primary purpose of the agreement is to specify what property belongs to each party before marrying to avoid any later confusion as to whether the property in question is marital property. Prospective spouses may also agree to waive or limit either party’s right to spousal support. A premarital agreement may be revoked upon the agreement of the parties, and doing so is a fairly straightforward process when compared to creating the original agreement.

Step 1

Identify yourselves as the parties who entered into the prenuptial agreement and provide the date of your agreement. For example, this language might read, “We, John Davidson and Sue Mitchell, entered into a prenuptial agreement on July 14, 2009.”

Step 2

Include language that, for valuable consideration, you have agreed to revoke your prenuptial agreement. Consideration is something of value that is given to one party to a contract by the other contracting party in exchange for a promise. The consideration given to revoke a prenuptial agreement is a promise to release the other party from the obligations agreed to in the prenuptial agreement. Although consideration is not typically required to revoke a prenuptial agreement, having it will increase the legitimacy of the revocation should it be challenged.

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Step 3

Sign and date the revocation document before a notary public. Although not required, it is a good idea to sign and date two copies of the revocation document before a notary so that both parties to the revocation agreement can keep an original copy.

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Do Binding Contracts Have to Be Notarized?

References

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