Legal Question in Family Law in California
Cancelling Prenuptial Agreement
How do you go about cancelling a Prenuptial Agreement?
My mother-in-law says we simply have to tear our copy up. Which leaves the original at the lawyers office still valid.
Would a letter signed by my husband and myself notorized and sent certified to the lawyer be sufficient? We both were the only ones required to sign the agreement in the first place. My mother-in-law didn't sign anything, we just used her lawyer since she was the one who felt it was necessary.
My husband has discussed this with her and she is aware that we will be looking into cancelling it - which she says she agrees to. However, I'm unsure of her answer to how to cancel it. By tearing it up, it doesn't make it invalid.
Thank you for your assistance with my question.
2 Answers from Attorneys
Attorney At Law
As long as both parties are in agreement, you can cancel the first agreement. just create a new contract that specifically cancels the prior one. if you want to be sure and have a lawyer do it just ask a different lawyer to do it. it shouldnt cost more than $50.
canceling pre-nup
I would suggest a new agreement that specifically referred to and canceled the pre-nup. In an ideal world, you would each be advised by your own independent attorney, who would sign the new agreement to confirm that each of you knew what you were doing and did so voluntarily. Also, any provisions in the old agreement regarding how that agreement is to be terminated should be adhered to. I don't agree with attorney Ken Koury that this will not cost more than $50, but it shouldn't cost more than an hour of each lawyer's time, perhaps less. Canceling a pre-nup after the marriage, especially if it has been a long marriage and/or a lot of property has been accumulated, is a big step that can significantly affect the rights of both parties.
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