Pre-Nup

[lisaverde]

What is the name of your state (only U.S. law)? LA
My husband and I prepared a pre-nup together without an attorney and had it notarized but never filed through the courts. When he was located out of the country and I had to quit my job of 10 years, we agreed the pre-nup would no longer be needed. If it was never filed in the courts, is it still legal? He and I have decided to divorce and now he wants to file the pre-nup in the courts and I refuse to do so. In fact, I'm the only one with a copy of the pre-nup, he has no proof of one existing. What can I do now?

 

[mistoffolees]

What is the name of your state (only U.S. law)? LA
My husband and I prepared a pre-nup together without an attorney and had it notarized but never filed through the courts. When he was located out of the country and I had to quit my job of 10 years, we agreed the pre-nup would no longer be needed. If it was never filed in the courts, is it still legal? He and I have decided to divorce and now he wants to file the pre-nup in the courts and I refuse to do so. In fact, I'm the only one with a copy of the pre-nup, he has no proof of one existing. What can I do now?

It's probably not valid, anyway, but just to save possible legal expenses down the road, why don't you write an addendum to it that rescinds all of its terms, and both of you sign it in the presence of a notary. If the original prenup is valid on the basis of a notarized signature, the addendum would be valid, as well. That will be cheaper than an attorney.

 

[Gidget62]

My experience

A prenup does not get filed with the courts. It is a contract between both parties prior to the marriage specifying what property belongs to whom, and should the marriage dissolve, how assets gained during the course of the marriage will be split. The fact you both signed it and it was notarized makes it legal. That is how mine was done and it held up in court very nicely.

Apparently the issue at hand is that you feel the prenup you have in place does not adequately cover the division of property you seek now. If you have the only copy, then you are free to destroy it and let the courts decide. Make sure you know what the laws of your state are regarding division of marital property first though.

 

[mistoffolees]

Apparently the issue at hand is that you feel the prenup you have in place does not adequately cover the division of property you seek now. If you have the only copy, then you are free to destroy it and let the courts decide. Make sure you know what the laws of your state are regarding division of marital property first though.

But make 100% sure you really do have the only copy.

Since they both agree it's not needed, it would be safer to actually put that into writing.

 

[Ohiogal]

A prenup does not get filed with the courts. It is a contract between both parties prior to the marriage specifying what property belongs to whom, and should the marriage dissolve, how assets gained during the course of the marriage will be split. The fact you both signed it and it was notarized makes it legal. That is how mine was done and it held up in court very nicely.

Apparently the issue at hand is that you feel the prenup you have in place does not adequately cover the division of property you seek now. If you have the only copy, then you are free to destroy it and let the courts decide. Make sure you know what the laws of your state are regarding division of marital property first though.

Not quite. There are many things that can make it -- the prenup -- invalid. Did both parties have an attorney? How far before the wedding was it signed? Was a list of all assets and debts attached to show full disclosure of all property and liabilities? Was one person in a position of power over the other? Should I continue?

FREE TO DESTROY IT? That would be destroying evidence and could get her in SEVERE trouble with the courts. Do not tell people to destroy things.

Gidget please do not give advice without knowing legally what you are saying because if this OP follows your advice they can face severe legal consequences.

 

[Ohiogal]

But make 100% sure you really do have the only copy.

Since they both agree it's not needed, it would be safer to actually put that into writing.

Misty they are divorcing. They did nothing legally to decide it was not needed and to revoke the pre nup. For her to destroy it now would be a major issue. You should know better than that. Especially if he wants to bring it in. Her destroying it could harm her more in the long run than allowing it to exist and be introduced as evidence.