Yes, it is possible to terminate or cancel a prenuptial agreement in California. Some couples may wish to terminate their prenuptial agreements because they believe they no longer need this type of financial protection. More often, however, a couple terminates an old prenuptial agreement to create a brand new one, due to the desire to modify a major portion of the document.
Like modifying a prenuptial agreement, both spouses must agree to terminate a prenup and sign off in writing. Until both spouses request termination of the prenuptial agreement, the terms of the agreement will remain as-is. An oral promise not to enforce the terms of a prenup will not stand up in court if the agreement was never officially terminated in California.
If you terminate your prenuptial agreement without creating a new one and get divorced, your divorce case will follow California’s standard rules for property division. This is a 50/50 division of community property – all assets and debts acquired during the marriage. Before you terminate your prenuptial agreement, consult with an attorney to make sure this is the right decision for you and your family.