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  • prenup

    what defines duress prior to signing prenup

  • #2
    penny,

    welcome to the forum


    duress:

    from the dictionary

    Constraint by threat; coercion: confessed under duress.
    Law.

    Coercion illegally applied.

    Forcible confinement.

    I would think you would have to prove on the balance of probabilities that this occurred. Medical document ion at the time would perhaps be adequate proof.

    lv

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    • #3
      Hi penny,

      Welcome to the forums.

      I just wanted to add that if a party had obtained independent legal advice upon the signing of a prenup, it would be very difficult for him/her to invalidate the agreement later on. This is because at the time of the signing, a lawyer would have explained to the party the details of the agreement and any consequences of signing same.

      Lindsay

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