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Pre Nup Agreement in effect?

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sak

Junior Member
What is the name of your state? Florida

Husband is an attorney and CPA. Had me sign a pre-nup in 1993 prior to marriage and post-nup in 1993 following marriage. (gave up all alimony in post nup)

He made production of destroying pre nup in Jan 1994, so I thought it was no longer in effect, however he has gleefully advised me it is still in effect as it had been filed with the court. Fact or fiction?
 


Ohiogal

Queen Bee
sak said:
What is the name of your state? Florida

Husband is an attorney and CPA. Had me sign a pre-nup in 1993 prior to marriage and post-nup in 1993 following marriage. (gave up all alimony in post nup)

He made production of destroying pre nup in Jan 1994, so I thought it was no longer in effect, however he has gleefully advised me it is still in effect as it had been filed with the court. Fact or fiction?
Has the original been filed with the court? we wouldn't know if that was fact or fiction.
 

sak

Junior Member
pre nup

was filed in 1993 - however, original retained by spouse in office and destroyed in 1994.

is it still valid?
 

tigger22472

Senior Member
sak said:
was filed in 1993 - however, original retained by spouse in office and destroyed in 1994.

is it still valid?
If it was filed with the court and never legally recinded then it is valid.
 

Ohiogal

Queen Bee
Courts normally only allow ORIGINALS to be filed by the way. they do not accept copies gracefully.
 

nextwife

Senior Member
If the document was "in recordable form" and placed of record, no original is necessary. The recorded document is as good as an original ( a certified copy will have the document number and recording date and be a form acceptable as a legal document).

This is the function of the RODs office- it is a repository that makes all documents recorded there forever part of the "record" and forever available to any member of the public who may wish to access it. Actually, once the deed to your house is placed of record and properly posted, you no longer even need the original - the title searchers will rely on the RODs office records.
 

sak

Junior Member
Pre nup - potential for Bar complaint?

Couldn't a spouse's obviously superior knowledge of the law and attempt to deliberatlely
lead his wife to believe the document is void worthy of a complaint to the Florida bar?
 

nextwife

Senior Member
sak said:
Couldn't a spouse's obviously superior knowledge of the law and attempt to deliberatlely
lead his wife to believe the document is void worthy of a complaint to the Florida bar?
You married him KNOWING you had a prenup. So you entered the marriage AWARE that you had an agreement in place that neither of ou would pay the other SS. Also, gazillions of non-attorneys know and understand that the RODs office is the place that keeps records of legal documents. I'm not an attorney and I have known so for decades.

FYI- I have a prenup also. I would not pay hubby alimony and he would not pay me alimony.

So what difference would knowing or not knowing the prenup was still in force have made? Surely you could not be saying you would not have filed for divorce if you couldn't get alimony?
 

sak

Junior Member
Pre nup

Had I known it was still in effect, would not have given up my career - my salary has been maxed out at $83k, while my husband's compensation for 2005 had to have been at least 1.2M, based on the copies of the checks he made payable to the IRS for 2005 estimated tax liability in the amount of $225k. Due to the marriage, I was removed from the promotability list, due to lack of mobility - didn't make sense to move an established law practice (spouse's). Believe it or not, there are those who believe their spouse, especially when one is an attorney . . .
 

tigger22472

Senior Member
sak said:
Had I known it was still in effect, would not have given up my career - my salary has been maxed out at $83k, while my husband's compensation for 2005 had to have been at least 1.2M, based on the copies of the checks he made payable to the IRS for 2005 estimated tax liability in the amount of $225k. Due to the marriage, I was removed from the promotability list, due to lack of mobility - didn't make sense to move an established law practice (spouse's). Believe it or not, there are those who believe their spouse, especially when one is an attorney . . .

However, if you were to get divorced you have the skills to care for yourself and if no children are involved then no longer have to worry about being able to move etc... hence no reason to obtain SS
 

sak

Junior Member
Pre-nup

Child is involved. Has attended the same private school since the age of 3 - now 12.

Have spent the past two days interviewing attorneys - concensus is there may have a case, based on actions of spouse knowlingly destroying document with intent to defraud.
Hs verbally admitted he did same to Possible subsequent post-nup may also have invalidated pre-nup. Hired one for negotiating skills - still seeking co-counsel for litigation.

Governor's office is also reviewing . . . .

Other issues aside, the window of opportunity for promotions closes as one ages. Mine was closed - no further opportunities for movement being provided.
 

BelizeBreeze

Senior Member
sak said:
Other issues aside, the window of opportunity for promotions closes as one ages. Mine was closed - no further opportunities for movement being provided.
That is a crock of crap. I'm 52 and until I started this business at age 45 I was promoted and/or moved up in corporate america despite my age which was NOT being used as an excuse.

Even if the original pre-nup was destroyed, the post-nup, which you failed to mention at all, if it still exists, remains in full force and effect.

Sounds like you need to dust off those excuses and start looking for a job.
 

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