Does withdrawal of action void a prenuptial agreement? How? 5 Answers as of August 25, 2015

If wife files for divorce by serving a summons without complaint on husband and then decides to withdraw the summons without further action, does the withdrawal of the action have any impact on the couple’s prenuptial agreement? Does it void it?

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Grace Law Offices of John F Geraghty Jr.
Grace Law Offices of John F Geraghty Jr. | John F. Geraghty, Jr.
That would be a no.
Answer Applies to: Georgia
Replied: 8/25/2015
Law Office of Barton R. Resnicoff | Barton R. Resnicoff
Only a judge can void a prenuptial agreement if it wasn't fair and equitable when made or is unconscionable at the time judgment is entered. Commencing the divorce action might trigger certain provisions in the agreement; subsequently withdrawing the divorce action might(or might not) untrigger those provisions, but it doesn't void the contract.
Answer Applies to: New York
Replied: 8/17/2015
Law Office of Martin A. Kahan | Martin A. Kahan
No, it is a separate issue and the withdrawal of the divorce petition does not void it.
Answer Applies to: California
Replied: 8/17/2015
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
Not unless the agreement itself provides for that outcome.
Answer Applies to: Wisconsin
Replied: 8/17/2015
Diane l. Berger | Diane L. Berger
That would be a no.
Answer Applies to: Nebraska
Replied: 8/25/2015
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