We are happy that you have decided to have your prenuptial agreement completed by our staff attorneys here in New York at New York Prenup.
You and your spouse may decide at some point down the line that you no longer agree to the terms of your New York prenuptial agreement or that it is no longer needed. In order to cancel or nullify a prenuptial or postnuptial agreement, it must be treated with the same care that you took in signing and entering into the agreement. This means that you will need to agree in writing that your previous agreement is no longer valid. You will need to follow the same formal manner of execution which you used when entering into the agreement. This means that if you and your spouse used a notary public to execute your agreement, you will need to do the same thing in order to invalidate your prenuptial agreement.
If you simply throw out the agreement, you both run the risk of one party attempting to have the agreement enforced in court. You and your spouse may also sign amendments to your agreement instead of invalidating the agreement in its entirety if there has simply been a change in your circumstances. In either case, you would both be wise to seek assistance to ensure any changes or attempts to invalidate your agreement are done in accordance with state law.
With open communication- and of course, or experienced and professional staff attorneys- you can have your old prenuptial agreement changed, edited, or legally voided so a new one can be made- or we can assist you with knowing which step to move forward with first.