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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 30167
Experience:  Attorney with experience in family law.
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Can a pre-nuptial agreement be voided.....both parties want

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Can a pre-nuptial agreement be voided.....both parties want it voided...we want one lawyer for both parties.......we live in florida
Hi,

My name is XXXXX XXXXX I'd be happy to answer your questions today.

If both parties want to void the prenuptial agreement, they can simply sign a new agreement, before a notary, that says something like "John Doe and Jane Doe hereby agree that the prenuptial agreement signed on DATE is VOID and of no legal effect." If you want to set up new rules about who owns the property, that can also be added. You would just state that the new agreement is the full and final embodiment of the agreement of the parties and that it is intended to supersede the prior agreement. But if you just want to cancel the original agreement, all it takes is a couple of sentences.

Make two copies and make sure each of you stores one in a safe place with other important legal documents.

One lawyer cannot represent two parties with adverse interests. Just as one lawyer cannot represent both spouses in creating a prenuptial agreement, many would not agree to advise both spouses on whether to void or cancel it. However, you can do it yourselves without an attorney. You can also request an attorney through the Florida Bar's referral service.
http://www.floridabar.org/divpgm/lronline.nsf/wreferral6?OpenForm


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