How to Terminate a Prenuptial Agreement? 

A prenuptial agreement is a great way to protect your assets and financial future if you get married. However, circumstances change over time, and the terms you agreed to when you created your prenuptial agreement may not be what you need anymore. In these situations, it is possible to terminate a prenuptial agreement. 

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You can modify your prenuptial agreement or cancel it entirely, so long as you and your spouse agree to the changes in writing. In most cases, you can only cancel or revoke a prenuptial agreement with the help of an attorney. You also need to make sure that your state law allows this. 

Cancel a Prenuptial Agreement Without Court Intervention?

If you want to cancel a prenuptial agreement, you must first consult with an experienced divorce lawyer. The lawyer will be able to guide you through the process and help you achieve your goals. 

Can you cancel a prenuptial agreement if you and your spouse have a change of heart? 

If your relationship has changed for the worse, or you have gained more assets or property, it is likely that you and your spouse will want to cancel your prenuptial agreement. You can do this by filing a motion to set aside your prenuptial agreement with the court. 

In order to successfully set aside your prenuptial agreement, you must prove that the terms of the contract were unreasonable. The court will evaluate your case on a variety of factors, including your marital history, the reasons for creating the prenuptial agreement, and whether or not you were properly informed about the contents of the contract. 

For example, if you are married to someone who has a bad credit score from college, you should include this fact in your prenuptial agreement so that you will not be responsible for their debts in the event of divorce. Similarly, if you are married to someone who does not have a job or a career, you can include this in your prenuptial agreement so that your spouse will not be responsible for paying for your child support payments in the event of divorce. 

Can you set aside a prenuptial agreement if one party was coerced into signing it? 

In California, a prenuptial agreement is null and void if it was signed under duress or coercion. This means that the spouse was forced into signing the agreement by threats or blackmail, for example. 

Can you set aside a non-financial prenuptial agreement?

Many people create prenuptial agreements to protect their assets and financial situation in the event of divorce. By putting these arrangements in writing, you can prevent any future lawsuits over your assets. In addition, you can be assured that your divorce will follow your agreed-upon property division terms. 

Changing or canceling your prenuptial agreement can be a confusing and complex process, but it is possible for you to do so. It is important to work with a qualified family law attorney in San Diego who can guide you through the legal process. Contact our firm today to discuss your options with an experienced attorney.