What If I Don’t Want to Follow the Terms In My Prenup?

reviewing document

Your circumstances may have changed since you created and signed your prenuptial agreement. You may no longer wish to follow the guidelines set by your prenuptial agreement and instead want to follow your state’s divorce regulations and guidelines. Our Coconut Creek prenuptial agreement attorney shares what you should know if you no longer wish to follow your prenuptial agreement.

Declaring a Prenuptial Agreement Invalid

There are a few ways couples can divorce without their prenuptial agreement’s terms being applied to their divorce process, the most common being the prenuptial agreement is declared invalid. If a prenuptial agreement is declared invalid, the couple will need to follow their state’s standard divorce process.

If the entire prenuptial agreement is declared invalid, then the couple will no longer need to follow the prenuptial agreement’s standard for their divorce.

To prove that the prenuptial agreement is invalid, there is a heavy burden of proof, as the court will need to hear evidence relating to the invalidity of your prenuptial agreement. Many prenuptial agreement attorneys are now creating safeguards for the validity of their agreements, such as video recording the entire process and creating other forms of documentation to help prove the validity of these contracts.

Creating a Postnuptial Agreement

If you are still married but no longer fond of certain terms in your prenuptial agreement, you do have the option to create a postnuptial agreement to address those terms. The agreements created in a postnuptial agreement will override similar agreements in the original prenuptial agreement, such as a change to alimony value or ownership of a specific asset.

However, when creating a postnuptial agreement, it is best to be mindful of the agreements you are creating, as they will be enforceable in the case of divorce or the death of one spouse. While a postnuptial agreement can be modified, it should not be used as a living document and modified on a whim, as it contains the right to ownership of assets and alimony details for the future.

Coconut Creek Prenuptial Agreement Attorney

As time passes, your original prenuptial agreement may no longer benefit you or your spouse. With the help of a prenuptial agreement review with a trusted attorney, you can refresh your memory on the agreements created in your prenuptial agreement and understand if you and your spouse wish to make any changes to the agreement.

Does your prenuptial agreement no longer suit your situation? Schedule a consultation with our pre and postnuptial agreement attorney by calling (954) 626-8071 or contacting us online to learn more about how we can help you create an agreement that can stand the test of time.

Categories