Reevaluating and Dismissing Premarital Agreements
The increasingly-popular prenuptial agreement is intended to protect each partner’s interests in the event that the two later divorce. The document typically outlines protocols for the division of assets and alimony. While a couple may have been in agreement with the terms before their marriage, they may later challenge the validity of the prenup if they divorce.
When the Court Will Not Uphold a Prenuptial Agreement
For a prenup to be voided, the partner that is challenging the document must show compelling evidence that:
- The agreement was not signed by their own volition
- The other spouse failed to disclose all assets or debts
If the spouse is able to prove either of these, the court will invalidate the premarital agreement.
Modifying or Revoking Your Prenuptial Agreement
Some couples may opt to include a sunset clause in their prenup. This would set an expiration date, where after an agreed length of marriage, the agreement is null. If no such clause is included, the prenup is permanent unless the pair works together to dismiss it.
If a couple is seeking a modification or revocation of their premarital agreement, they must collaborate and agree on all the terms in the document. If they are unable to compromise, the prenup will remain in place unchanged.
If you need help drafting or revising a prenup, contact Cairns Law Offices. We will work to protect your best interests in the event your happily ever after is shorter than anticipated.
