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Divorce Support This forum is for discussing the emotional aspects of divorce: stress, anger, betrayal of trust and more.

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Old 10-12-2011, 05:56 PM
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Question breaking a prenup

Has anyone every gotten a prenup put aside. My husband had me sign one 17 years ago one week before our wedding. He said it was to just cover his company which I totally understood. When I started reading it there was alot more to it than that but I was totally in love and signed off on getting a lawyer to look at it. Now I have found out that he has been cheating on me for 2 and a half years on and off. He wants a divorce and refuses to give me anything except 1/2 the house. He made me quit my job 11 years ago saying that he could pull a bigger paycheque out of his company in his name than what I was making. Now I have been out of the work force for to long and I am also 59. I am soooo stressed out and worried about what will happen. Any input.
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Old 10-12-2011, 06:17 PM
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you signed the agreement and you should live up to it. You had the choice not to sign. He did not make you quit your job, he probably suggested it and you agreed. If you didn't then you could have kept working.

Your best bet is get a lawyer to look it over for you and see what they suggest.
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Old 10-12-2011, 06:45 PM
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I thought prenuptials in canada were only about assets and not so much about spousal support.

Totally not in the know about the subject - but that was a long time ago. I could see things having changed so that its not as airtight as he may think.

Go get a lawyer.
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Old 10-12-2011, 08:21 PM
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You signed it. The purpose of it was what happens if you split.

Why you are splitting is not relevant.

I wouldn't agree that the prenup should be set aside - but that does not mean that other agreements were made during the marriage that partially override the prenup.

Get a lawyer, but only to interpret the agreement (if you are unable to). Having it set aside because of some BS that you didn't understand it at the time you signed it is simply immoral and not true. Unless you have a learning disability that is
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Old 10-12-2011, 08:49 PM
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Quote:
Originally Posted by judepude View Post
Has anyone every gotten a prenup put aside. My husband had me sign one 17 years ago one week before our wedding. He said it was to just cover his company which I totally understood. When I started reading it there was alot more to it than that but I was totally in love and signed off on getting a lawyer to look at it.
If there was no independent legal advice, I believe it can be set aside.

See a lawyer and search canlii.org
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Old 10-12-2011, 09:40 PM
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Quote:
Originally Posted by frustratedwithex View Post
If there was no independent legal advice, I believe it can be set aside.

See a lawyer and search canlii.org
even if she signed it with the clause that she did not want independant legal advice??
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Old 10-12-2011, 09:41 PM
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Quote:
Originally Posted by billm View Post
You signed it. The purpose of it was what happens if you split.

Why you are splitting is not relevant.

I wouldn't agree that the prenup should be set aside - but that does not mean that other agreements were made during the marriage that partially override the prenup.

Get a lawyer, but only to interpret the agreement (if you are unable to). Having it set aside because of some BS that you didn't understand it at the time you signed it is simply immoral and not true. Unless you have a learning disability that is
totally agree with you
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Old 10-12-2011, 10:28 PM
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If it's unconscionable, but you signed a waiver of legal advice, it may still be set aside. Lawyer will know best, get a consultation, either free or flat fee to get an opinion. Law has majorly changed in the past 17 years to recognize the work homemakers actually do (you have kids??) and the loss of pension. Good luck and let us know!
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Old 10-13-2011, 12:35 AM
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Eleven years. It is my understanding that these prenups have to be "re-adressed" every 5 years. also not getting ILA could effect the standing of the aggrement of the husband. ILA should have been insisted upon. it would look to me that it could be claimed as a deliberately planned tactic to avoid scrutiny of an agreement that a lawyer may very well have disagreed with. And by the way Senior members stop with the bully tactics you sound like macho jerks (or Trolls) the person wants advice not your "Damaged" opinions so give the attitude a rest.
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Old 10-13-2011, 01:02 AM
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Quote:
Originally Posted by suncoast View Post
...And by the way Senior members stop with the bully tactics you sound like macho jerks (or Trolls) the person wants advice not your "Damaged" opinions so give the attitude a rest.
bully tactics?? advice vs opinion?? macho jerks?? ouch, stop with the bullying already.

So when people sign an agreement, the OTHER party is responsible for them doing due diligence? Sounds like she played along with him and his prenup all during the marriage, but AFTER it was over, she pulls the rug out from under him and cries that she never agreed to it? It is immoral at worst, irresponsible at best.

My advice is to honour your agreements - it will make the world a better place in my opinion.
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