Can spouses revoke a prenuptial agreement after marriage?

Prenuptial agreements help couples determine what will happen to the parties’ assets in the event of a divorce or a spouse’s death. According to an article in Business Insider, there is an increase in the number of prenup agreement requests among Millennials. Unfortunately, some couples are so excited about the marriage that they make decisions such as signing prenups without giving it much thought. 

The law states that couples cannot revoke prenuptial agreements unless both parties agree to it. However, NY post once reported a case where a woman provided enough legal grounds that convinced the court to revoke the prenuptial agreement. Here are some of the reasons why the court can rescind any prenuptial agreement. 

  • When one party failed to disclose or undervalued some of its assets, the court will consider the agreement as fraudulent and throw it out. 
  • If a party proves that they lacked mental capacity when signing the agreement, it will get considered signed under duress, coercion, or without mental capacity. 
  • One party did not have proper legal representation when signing the agreement; they will have appropriate grounds of invalidating it. 
  • The parties did not feel the paperwork properly; these errors can come back to haunt the parties 
  • If the prenup agreement contains ridiculous provisions such as no child support after a divorce, the judges will easily throw it out. 

With the increase of divorce cases, prenuptial agreements are no longer considered a lack of trust or insults. They are now more than necessary, especially when one spouse is bringing more to the table than the other one. Both parties should have proper legal representation when signing the agreement. 

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