Can Premarital Agreements be Revoked After Marriage?

Nowadays, after the marriage proposal, many Connecticut couples turn their attention to drafting prenuptial agreements before planning the wedding. This is especially true if one party brings a lot more to the table than the other, so to speak. In the excitement of the engagement, the couple may be eager to sign the prenup without giving it much thought. Then, after the honeymoon is over, remorse sets in. One or both parties may think “What have I done? Can I revoke the prenuptial agreement?”

According to Connecticut law, premarital agreements cannot be revoked or changed unless both parties agree to it. So if, for example, the husband is having second thoughts about giving $1 million to his wife in the event of a divorce, he must abide to this agreement and everything else in the prenup unless his wife agrees to the change. The amendment or revocation must be made in writing and signed by both parties in order for it to be valid. The original agreement will then become void.

There are situations, however, in which the court could agree to void a prenuptial agreement without the consent of both parties. For example, if one spouse was forced to sign an agreement, did not receive a full disclosure or was not given an opportunity to seek legal advice before signing, then the judge could rule the prenup null and void. Full disclosure must be given in regards to each party’s assets before a prenup can be executed. In addition, both spouses must voluntarily sign the agreement and be given a reasonable amount of time to consult with a lawyer before signing.

In addition, if the prenup denies a party spousal support or is just plain unreasonable, the court could disapprove it. There are some things that cannot be put in such an agreement. Therefore, if either party has any questions or concerns, they should discuss them with a lawyer.