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Commonly Asked Questions about Revocation of Postnuptial Agreements

Postnuptial agreements can be contested. If one party believes that the marriage contract was signed under duress or coercion or that a full disclosure of assets was not provided, they may challenge the postnuptial agreement.
The easiest way would be if both spouses agree without any duress to do so. Then a lawyer could help you draw up a document for signature that cancels or modifies the prenup or postnup. Each spouse should be sure to obtain legal advice to ensure the cancellation will be valid.
A postnuptial agreement is void if it was not voluntarily and intentionally signed by both parties, or if one spouse was coerced or threatened into signing it. If one or both parties are under duress at the time of signing, the postnuptial agreement may be rendered invalid.
If you believe your postnuptial agreement is invalid or unfair, you may seek to modify or challenge it in court. The burden of proof falls on the party challenging the agreement to demonstrate grounds for modification or invalidation, such as duress, fraud, or unconscionability.
Before proceeding with a postnup, its also worth keeping in mind that these agreements are easier to enforce in some states than in others. Most courts tend to uphold the agreements as long as theyre written, signed without coercion, and involve a full disclosure of financial information on both sides.