How to get a Prenuptial Agreement Overturned

Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.

“I signed a prenuptial agreement before I got married 14 years ago. Now we have to children, my husband is cheating, is it possible to get the prenuptial overturned.”

Question: Unless there was some specific language in the pre-nuptial agreement that would invalidate it the instance of marital infidelity, your husband’s behavior is not going to “overturn” that agreement. Each state has its own formalities with respect to the validity of premarital agreements, despite attempts to bring it under some uniform paradigm. There may be ways to invalidate your pre-nuptial other than your hsband’s actions, so make sure to be clear about your concerns with your family law attorney.