Houston Divorce Lawyer & Attorney : Cavers Law Firm : Texas Family Mediation & Adoption Lawyer

It is a common misconception that either party can simply tear up, shred, or otherwise destroy a premarital agreement to nullify it. To properly revoke the premarital agreement, both parties must execute a written agreement (using the same formalities as in executing the pre-marital agreement) to property revoke. 

It does not matter if one or both of the parties is certain to have destroyed all the copies.  Usually the attorneys for the husband and wife retain an executed copy. If the revocation of the premarital agreement is not handled properly, either party may seek to enforce pre-marital agreement.

Before attempting to revoke or amend a pre-marital agreement, it is best to seek assistance of a licensed attorney familiar with such agreements.

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In Texas premarital agreements are valid contractual agreements that allow prospective spouses to amend the “default” marital property rules, but premarital agreements are not recognized by all US states. This is an important factor to consider in today’s mobile society.

At the time this post was written, 27 states recognize pre-marital agreements in some form. The states include:

In 2008, states considering recognition of premarital agreements include Mississippi, Missouri, South Carolina and West Virginia.

For more information on the Uniform Premarital Agreement Act, visit http://nccusl.org/Update/uniformact_factsheets/uniformacts-fs-upaa.asp

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In a recent poll of members of the American Academy of Matrimonial Lawyers (AAML), 49% of the divorce attorneys cited an increase in postnuptial agreements during the past five years. Interestingly enough, 58% of the respondents most frequently draw up the agreements as a result of a request made by both parties, rather than it coming from either a husband or wife individually.

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