When the parties to a prenuptial agreement decide together to cancel or revoke that prenup, it is not enough to destroy the copy one has of the agreement or to write “canceled” on it. Here’s a great illustration of the danger inherent in trying to be casual about revoking a prenuptial agreement.
Instead, the parties must execute a formal revocation document and support it with adequate consideration (items of value provided in exchange for actions taken). The revocation should contain several items:
- Formal naming of the parties
- Identification of the prenuptial agreement together with the date on which it was originally executed
- Recitation of consideration supporting the revocation
- A clear and ambiguous statement that the parties intend to revoke and are hereby revoking the prenup
- Signature and date of each party
- Formal acknowledgement of each signature before a notary public
Here’s a draft of the form that you and your spouse can use if you wish to revoke the prenuptial agreement between the two of you. You should review it with your own attorney before relying on it, because the laws of your state may require something different, but this form will do the job in most states.
Revocation of Prenuptial Agreement
This is a revocation of the prenuptial agreement (the Agreement) executed on March 5, 2004 between Harold P Nelson (Hal) and Judy C Nelson (Judy). Hal and Judy have exchanged valuable consideration. Hal has paid Judy $50, and Judy has paid Hal $50. Each party acknowledges receiving this payment.
For valuable consideration exchanged with each other, Hal and Judy agree that the Agreement shall be and hereby is revoked and void.
This revocation is signed and sealed by each party on the date(s) described below.
_______________________________________ Date: _________________
Harold P Nelson
_______________________________________ Date: _________________
Judy C Nelson
State of _____________________
County of _____________________
I, the undersigned authority, a notary public in and for said county, in said state, hereby certify that Harold P Nelson, whose name is signed to the foregoing document, and who provided sufficient proof of identity, acknowledged before me this day, being informed of the contents of the same, he executed the same voluntarily on the date shown below.
Given under my hand and official seal the ____________ day of _____________________, 20___.
_____________________________________
Notary Public
My Commission Expires _________________
State of _____________________
County of _____________________
I, the undersigned authority, a notary public in and for said county, in said state, hereby certify that Judy C Nelson, whose name is signed to the foregoing document, and who provided sufficient proof of identity, acknowledged before me this day, being informed of the contents of the same, she executed the same voluntarily on the date shown below.
Given under my hand and official seal the ____________ day of _____________________, 20___.
_____________________________________
Notary Public
My Commission Expires _________________