Overturning a Prenup

[mrskraft]

What is the name of your state (only U.S. law)? California

I signed a prenup 3 days before our wedding. It was notarizied.
He said if I didn't sign it not only would the wedding be off but I'd have to get out. My brother and mother heard him say that to me and are providing notarized statements for me to use in court. I had already been living there 2 years, it was X-mas and I had 2 small kids. I did what I thought I had to do at the time. It lasted 7 and a half years. Do I stand any chance of having it overturned.

court tomarrow

 

[seniorjudge]

Did you have your own independent legal counsel give you advice on the contract?

 

[Zigner]

What is the name of your state (only U.S. law)? California

I signed a prenup 3 days before our wedding. It was notarizied.
He said if I didn't sign it not only would the wedding be off but I'd have to get out. My brother and mother heard him say that to me and are providing notarized statements for me to use in court. I had already been living there 2 years, it was X-mas and I had 2 small kids. I did what I thought I had to do at the time. It lasted 7 and a half years. Do I stand any chance of having it overturned.

court tomarrow

Did you have an attorney? Not the same one your husband used...your OWN attorney. If not, it will be easy to overturn. It's just too bad that you waited until the last minute to get your case together.

 

[seniorjudge]

Did you have an attorney? Not the same one your husband used...your OWN attorney. If not, it will be easy to overturn. It's just too bad that you waited until the last minute to get your case together.

You have started 24 other threads on this subject.

Don't do that!

Anyway, I agree with the Zig and add that the time (7 years) does not help the other side.

Of course, none of us have seen this prenup; so we can't give you specific details.

 

[Zigner]

You have started 24 other threads on this subject.

Oh brother! I didn't even catch that.
This OP already GOT her answer: https://forum.freeadvice.com/showthread.php?t=414185 (and probably in other threads too)

 

[mrskraft]

No I did not have any chance for an attorney to see it. Hell... I didn't even see it or know about it until he got me to the bank and pulled out these documents in front of the bank lady that was the notary. This was 2 days after x-mas a holiday week and 3 days before the wedding. It was a toal shock and I had no time to think. He wouldn't even let me see, let alone have a copy.

 

[Zigner]

No I did not have any chance for an attorney to see it. Hell... I didn't even see it or know about it until he got me to the bank and pulled out these documents in front of the bank lady that was the notary. This was 2 days after x-mas a holiday week and 3 days before the wedding. It was a toal shock and I had no time to think. He wouldn't even let me see, let alone have a copy.

Go read your earlier threads. You've received all the help you're going to from this forum...

 

[tuffbrk]

for add'l knowledge please SJ - how does the length of time from date of signature to date the "protected" party expects to use it in court impact the chances of overturning a pre-nup? It's probably something simple...intent to fulfill marital obligations or something similar? Thanks in advance!!

 

[seniorjudge]

for add'l knowledge please SJ - how does the length of time from date of signature to date the "protected" party expects to use it in court impact the chances of overturning a pre-nup? It's probably something simple...intent to fulfill marital obligations or something similar? Thanks in advance!!

A long time ago in a universe far, far away, marriage was considered to be useful to society.

Courts were repelled by the thought of a contract anticipating divorce.

That's all different now.

However, one small semblance remains: The longer two people are married, the less likely the court will uphold a prenuptial agreement. And, of course, the more the couple acts contrary to that agreement, then the likelihood becomes even smaller.

(This is the really short answer.)

 

[tuffbrk]

Huh...imagine that. I'm guessing if both parties are behaving contrary neither has a right to enforce the contract - presuming both parties can prove the behaviors. Don't throw rocks at glass houses kind of thing.

So basically even a prenup affords a party no protection if your partner reneges on the original goals, agreements, etc. that you had made to each other when marrying.

Well then...hmm.

Thanks for the information.

 

[nextwife]

Huh...imagine that. I'm guessing if both parties are behaving contrary neither has a right to enforce the contract - presuming both parties can prove the behaviors. Don't throw rocks at glass houses kind of thing.

So basically even a prenup affords a party no protection if your partner reneges on the original goals, agreements, etc. that you had made to each other when marrying.

Well then...hmm.

Thanks for the information.

And, conversely, the absence of a prenup still does not give you each rights to the other party's non-comingled premarital assets, inheritances or seperate gifts.

WHat aspects of the prenup are problematic for you?, as the amount of time and energy needed to throw out the prenup may or may not be worth it. For example: If he had brought a million dollars to the marriage, and that million stayed seperate and not comingled, even getting the prenup thrown out would not give you rights to the non-marital funds.

 

[tuffbrk]

And, conversely, the absence of a prenup still does not give you each rights to the other party's non-comingled premarital assets, inheritances or seperate gifts.

WHat aspects of the prenup are problematic for you?, as the amount of time and energy needed to throw out the prenup may or may not be worth it. For example: If he had brought a million dollars to the marriage, and that million stayed seperate and not comingled, even getting the prenup thrown out would not give you rights to the non-marital funds.

Hi there Next...I actually hijacked and was asking for clarification from Senior on his original response to the OP for my knowledge and anyone else that may do a search on the topic and he was humoring me.

Apparently the OP had posted 24x's on the same topic throughout the forums!! Sorry if my hijack with add'l questions may have mislead you into thinking this one was still "live"...