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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #1  
Old 01-19-2017, 02:21 PM
anail anail is offline
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Default 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!!!
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Old 01-19-2017, 04:27 PM
Kinso Kinso is offline
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If he intends to rely on it you'll get a copy when he responds to your court materials.
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Old 01-19-2017, 05:29 PM
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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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Old 01-19-2017, 06:24 PM
anail anail is offline
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Quote:
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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Old 01-19-2017, 06:48 PM
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Quote:
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?

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Old 01-19-2017, 07:12 PM
anail anail is offline
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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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Old 01-19-2017, 07:26 PM
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Quote:
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

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Old 01-19-2017, 07:40 PM
anail anail is offline
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don't remember such details, was a long time ago.(
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Old 01-19-2017, 07:47 PM
anail anail is offline
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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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Old 01-19-2017, 08:10 PM
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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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