Changing or Canceling A Prenuptial Agreement
Sometimes circumstances change that leads the married couple to change, or even cancel, their prenuptial agreement. A prenuptial agreement can be changed or canceled, provided this what both parties want. This section discusses how to change (called amending) the agreement or how to legally cancel it all together. Remember, a single partner in the marriage can’t change or cancel the prenuptial agreement by themselves—they must have the agreement and signature of the other party.
Amendment to Marital Agreement
As long as you and your spouse agree, you prenuptial or postnuptial agreement can be changed. As your financial situation changes, you may need to modify your agreement. You may also want to modify your agreement if you and your spouse have children together. To do this, you’ll need to add a revision to the agreement. This revision is called an amendment and is usually an addition page, or pages, attached at the end of the agreement. The amendment uses legal language to change the parts of the agreement you and your partner want updated. The amendment is typically written by a lawyer because of its legal nature. You’ll have to have the entire agreement signed and notarized to make the changes valid.
Release of Marital Agreement
If, for whatever reason, you and your spouse decide to cancel your prenuptial agreement, you can use a document called a Release of Marital Agreement. This document will be signed by both parties and is usually notarized by a public notary.
Note: The cancelation of a prenuptial agreement may significantly alter the legal rights established for one, or both, parties. Some states may legally impose rules for cancelling a prenuptial agreement, these rules are usually similar to those for creating a premarital or postnuptial agreement.