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.

Ready to start your LLC? Start an LLC Online Now

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.

Ready to start your LLC? Start an LLC Online Now
Do Binding Contracts Have to Be Notarized?


Related articles

Incorporating an Addendum Into a Contract

Incorporating an addendum into a contract requires understanding the terms of the prior contract and current contract law. For the addendum to be binding, the parties must generally understand and agree to all of the terms of the amendment. In addition, the circumstances surrounding the amendment may require the parties to exchange additional promises or assets before the addendum can be incorporated.

Can a Power of Attorney Be Revoked by a Mentally Incompetent Principal?

Power of attorney is one of several legal mechanisms designed to protect a person's legal interests. A durable power of attorney allows someone designated by the principal, or the person executing the power of attorney, to act as an agent on the principal's behalf. While power of attorney may be revoked, the law does not allow a mentally incompetent principal to do so.

Can I Refinance With Power of Attorney?

When you are named as a financial agent under a general power of attorney, you have the right to undertake any action the principal could undertake herself. This includes applying for bank loans on her behalf or refinancing the loans she already holds.

LLCs, Corporations, Patents, Attorney Help

Related articles

Things Included in a Post-Nuptial Agreement

States have default rules for how property acquired by a couple during marriage is dealt with upon divorce. However, ...

Can a Future Inheritance Be Put Into a Divorce Agreement?

It takes two to marry but only one to divorce. If your spouse wants out, you save time and tears by accepting the ...

Ohio's Prenuptial Agreement Laws

To prevent the distribution of your assets to a potential spouse if you later divorce, consider drafting a prenuptial ...

DIY Prenup in California

A prenuptial agreement is an agreement that outlines the property rights of a couple who intend to marry in the event ...

Browse by category
Ready to Begin? GET STARTED