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Birmingham Divorce Lawyer > Blog > Prenuptial Postnuptial > Getting Out Of A Prenuptial Agreement

Getting Out Of A Prenuptial Agreement


In the old days, the stereotype about prenuptial agreements was that they made things simpler when a wealthy misanthrope and his gold-digging wife inevitably got divorced, but recently, people increasingly believe that prenups are for people who have the wisdom and maturity to talk to their spouses about long-term financial plans before they walk down the aisle.  Life is full of surprises, though, and circumstances could change dramatically; even if you stand by your vow to stay with your spouse for better or for worse, you might change your mind about which assets and debts should be separate and which should be marital.  A Birmingham prenuptial and postnuptial agreement lawyer can help you draft a prenuptial agreement that stands the test of time or modify an existing prenuptial agreement.

Why Do People Change Their Minds About Prenuptial Agreements?

The most common scenario, and the one with the easiest fix, is that people do not sign a prenup before getting married, and then, once they have recurring disagreements with their spouse about finances, they wish they did.  The simple solution to this is to sign a postnuptial agreement.  You want to take out a student loan to study for a master’s degree, but your spouse refuses to be responsible for the payments?  Just sign a postnup that declares the student loan your separate property.

Sometimes people who sign prenups later have misgivings about them, though.  For example, you might regret waiving your right to alimony in your prenup if you become disabled and have to retire early and depend on your spouse financially.  You might also want to designate your house as separate property if you are worried that your spouse, who already has problems with debt, will pledge it as collateral on a loan.

The Best Antidote to a Prenuptial Agreement Is a Postnuptial Agreement

Prenuptial agreements do not have expirations dates; they remain valid indefinitely, so that eventually, either a divorce court or a probate court will read them.  It is possible, however, to include provisions in a prenup that modify the amount of alimony based on the length of a marriage.  The only way to get out of a prenup without going to court is to sign a postnuptial agreement that voids the prenup or amends some of its provisions.  The new agreement should state that it invalidates the previous prenup.

If you get divorced, the court will follow the instructions in the prenup unless you can persuade the court to set it aside.  To prove this, you must persuade the court that you signed the agreement under duress, which means that your spouse bullied you into signing it.  You can also persuade the court to set aside a prenup by arguing that it is fraudulent because your spouse did not tell you the whole truth about his or her assets.

Contact Peeples Law About Modifying a Prenuptial Agreement

A Birmingham family law attorney can help you if you want to stay in your marriage but ditch your prenuptial agreement.  Contact Peeples Law today to schedule a consultation.



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