After filing a premarital contract, parties may have a change in circumstance that requires them to modify or revoke provisions in the agreement. This can be a complicated process, but a seasoned prenup lawyer could help to alleviate some of the strain.
If you are interested in amending or revoking an existing prenuptial agreement in New Haven, call to retain legal counsel to help you through the process and protect your rights. They could help you determine what changes can be made to keep an equitable and accurate agreement for your benefit.
A change in life circumstances can create various reasons for a New Haven couple to decide to amend or revoke their existing prenuptial agreement. Having children can lead to changes in financial positions, expenses and incomes, including if one spouse chooses to cease working outside the home or reduce their hours in order to focus on child-rearing. Acquiring new business interests may create the need to modify aspects of how property and liabilities are defined and managed. Unforeseen health situations or the need to care for other family members may develop the need to reallocate resources.
Such events may warrant a modification or revocation of an existing prenuptial agreement. For example, if a couple initially filed their prenuptial or postnuptial agreement with a spousal support waiver, they may desire to amend or remove that provision if it no longer meets their family’s needs, especially in a situation where one party has ceased working for health or family reasons.
An attorney with knowledge in this area could determine if a change in circumstance an individual is experiencing is a valid reason to amend or revoke their prenuptial agreement in New Haven.
A prenuptial agreement can be challenged if either party claims they filed under coercion or duress, as that would indicate the other party violated state law. Additional grounds for revoking an agreement include, if the provisions as drafted are incorrect, if one party did not give full financial disclosure at the time of the signing, or if any of the provisions as drafted are unconscionable and in contravention of public policy.
If an individual wants to challenge an agreement, they must do so during a divorce action or in the post-judgment phase of a divorce action. In these cases, a qualified attorney could help them file the correct motion to the court.
When circumstances change to the point that you must amend or revoke your existing marital agreement, the process can be complex to navigate. Fortunately, a lawyer can assist you in drafting new provisions and in motioning the court to reach your goals and uphold your rights.
Call a New Haven attorney who has experience amending and revoking prenuptial agreements today to get started.