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My husband hides marriage agreement!

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  • My husband hides marriage agreement!

    Hi! I am going to divorce my husband, but I remembered that about 19 years ago I signed some marriage agreement. I have no idea now how I can find it. Any ideas? Please help!!! Thank you!!!

  • #2
    If he intends to rely on it you'll get a copy when he responds to your court materials.

    Comment


    • #3
      Is your marriage childless?
      Did you work during the marriage?
      Did you go through the agreement with your own independent lawyer?

      Unless the answer to all three questions is yes, the agreement is likely unenforceable anyway, so I wouldn't worry about it.

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      • #4
        Originally posted by Janus View Post
        Is your marriage childless?
        Did you work during the marriage?
        Did you go through the agreement with your own independent lawyer?

        Unless the answer to all three questions is yes, the agreement is likely unenforceable anyway, so I wouldn't worry about it.

        I worked only before kids were born, mostly I did not work. Yes, I do have 2 kids. I did not have my independent lawyer.

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        • #5
          Originally posted by anail View Post
          I worked only before kids were born, mostly I did not work. Yes, I do have 2 kids. I did not have my independent lawyer.
          You can Ask to Set it (or provisions that are unreasonable) aside based on the fact that you had no independent legal advice prior to signing it.

          You can't agree on child custody access or support in a marriage contract.

          What is it in there that you're hoping to use to your advantage?

          Sent from my SM-G935F using Tapatalk

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          • #6
            I don't remember anything that was in that agreement, but I am sure it wasn't in my favour( I am just afraid, that I'll spend lots of money for the lawyer, and then my husband can bring that agreement to the court. I really did not have my independent lawyer when I was signing that. My husband told me that I did have a lawyer that my husband found for me, I even did not know that.

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            • #7
              Originally posted by anail View Post
              I don't remember anything that was in that agreement, but I am sure it wasn't in my favour( I am just afraid, that I'll spend lots of money for the lawyer, and then my husband can bring that agreement to the court. I really did not have my independent lawyer when I was signing that. My husband told me that I did have a lawyer that my husband found for me, I even did not know that.
              Did a lawyer witness your signature

              Sent from my SM-G935F using Tapatalk

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              • #8
                don't remember such details, was a long time ago.(

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                • #9
                  I just know for sure that the other lawyer was not my own lawyer, I did not have any lawyers at that time), the second lawyer was the one that my husband's lawyer found.

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                  • #10
                    Saying "I don't know" will get you nowhere in court. You had better start remembering things quickly.

                    If your husband had a lawyer then perhaps you can phone the lawyer to give you a copy? ... unless you don't remember who the lawyer was.

                    How old are your children?

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                    • #11
                      Originally posted by anail View Post
                      I just know for sure that the other lawyer was not my own lawyer, I did not have any lawyers at that time), the second lawyer was the one that my husband's lawyer found.
                      So your husband had a lawyer and then his lawyer found you a lawyer and that lawyer became your lawyer?

                      If I am reading this correctly, it appears you DID have a lawyer. It appears two lawyers were involved, which could very well mean you had independent legal advice and a lawyer may have signed off stating they provided you legal advice. If this is the case, you may have a hard time having the agreement set aside.

                      I would start the divorce proceedings and see what comes up. At this time it is an unknown what he has or doesn't have. Unfortunately there isn't much else you can do, as I highly doubt he will provide any documents he has. And I assume that he will state you also received a copy. Either way, if it comes up in the court documents you will receive a copy of it.

                      Best of luck!

                      Comment

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