• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Prenuptial agreement

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

K

Kaybird

Guest
What is the name of your state? Texas
I was married in 1985 and signed a prenuptial contract at that time. I did not have my own counsel. We had agreed not to have children at that point, however, during our marriage, we had two children and I became a stay-at-home Mom for the past 12 years. My husband has moved out and filed for divorce. He is trying to use the pre-nuptial agreement. We have a substantial amount of money in savings and retirement and a home that is nearly paid for. Would the pre-nuptial agreement be valid? F. Lee Bailey was on a program at one time and stated that if both parties do not have counsel, pre-nups are not valid. Please help.
 


I AM ALWAYS LIABLE

Senior Member
Kaybird said:
What is the name of your state? Texas
I was married in 1985 and signed a prenuptial contract at that time. I did not have my own counsel. We had agreed not to have children at that point, however, during our marriage, we had two children and I became a stay-at-home Mom for the past 12 years. My husband has moved out and filed for divorce. He is trying to use the pre-nuptial agreement. We have a substantial amount of money in savings and retirement and a home that is nearly paid for. Would the pre-nuptial agreement be valid? F. Lee Bailey was on a program at one time and stated that if both parties do not have counsel, pre-nups are not valid. Please help.

My response:

Various State Supreme court cases have been decided since 1985 on this subject. Some have now suggested that attorneys are not necessary, as long as both parties had an opportunity to consult counsel and waived that right before signing. For all I know, Texas might be one of those States.

Obviously, there's a lot of money at stake in your marital Estate. So, the question is begged - - Where is your attorney in this equation?

IAAL
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top