We made a prenuptial agreement before we got married. It doesn't really meet our needs now. Can it be modified or revoked?
Yes. A prenuptial agreement is just like any other Contract, and if both parties agree to the revisions, it may be modified or revoked.
The process for modification of a prenuptial agreement is very similar to the process of creating the contract to begin with. It is generally best that both parties seek legal advice as to how such changes might affect their property rights, and perhaps any unintended consequences that might go along with the changes.
It is not unusual for couples to reconsider their property agreements, as their relationship matures. Just be very careful, because once a property agreement is revoked it may be very difficult to revive the original terms of the prenuptial agreement. Unless there was fraud, or some other reason that can be demonstrated as why the modification should be set aside, the court will enforce your mutually agreed changes.
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If you have a general question that you would like answered by a Florida Estate Planning and Administration Attorney, please use the contact form to send Shawn a question. As long as it is general (and not too specific to your unique situation), Shawn will answer these questions in the form of a Frequently Asked Question to help you but also help others in our community.
Shawn can not offer legal advice in this format. He can only provide general information that you may find helpful. You should call an attorney and seek legal advice if you need specific legal advice.
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Law Office of Shawn C. Newman, P.A.
710 Northeast 26th Street
Wilton Manors, FL 33305-1238
Phone: (954) 563-9160
Serving all of the greater Fort Lauderdale area and Broward, Palm Beach, and Miami-Dade counties in Southern Florida.