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Prenup mess
I got married 10 years ago and have been seperated for two years. I signed a prenup that was delivered to my hotel room by the best man just before the wedding was to take place. The agreement was not complete (he wrote a line in it saying to be completed at a later date) it basically read that he is to retain anything in his name should the marriage bread down. Throughout the marriage we purchased a vacation home, land, recreational vehicles, (boats, quads, sleds, motorcycle, etc.) He is the sole bread winner and I have had part-time jobs throughout the marriage basically for play money. He has put everything in his name except for a piece of property now valued at aprox.$100,000 which was purchased before we were married in both our names. I did not read the prenup that morning of the wedding in fact I read it for the first time the day I left the marriage. How much bearing will this prenup have on property division as he intends to use it in court. We have a trial set for mid October and my lawyer says the judge will take it into consideration as I did sign it. My lawyer says it will make a difference in the % of the split. She wants me to ask for the minimum amount of 20% in a pre trial settlement agreement. She says there is NO way he will agree to give me anything without the judges ruling so trial is inevitable. This has been a very long two years and I just want it to be over.
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On the face, I think I would be contesting the legality of the pre-nup. C'mon the day of your wedding... A day filled with an abundance of emotion...Think your mind was elsewhere.
Was full and complete financial disclosure exchanged between the parties prior to signing. Was the pre-nup witnessed? Did each party consider independent legal advice concerning said terms of the prenuptial prior to signing?
Although there is much unknown, If you answered NO to any of the questions above - a position could be had to set aside the prenuptial all or in part. -
If you can call a witness, or even have an affidavit from said witness that attests to its delivery immediately prior to the wedding, you could contest it as having been signed under duress, making it invalid. You can prove this slightly, as the date of your signature will be the same as the wedding day, and that is grounds to argue it before the judge...unless your lawyer was in the room with you when you signed it, or had reviewed it with you previously.Comment
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Thank you for your advice, in answer to some of your comments, There are three witnesses. The best man who delivered the prenup, his wife which was the matron of honor and my sister who was doing my hair at the time. The two people in the wedding party are long time friends of his but in my opinion very honest. The date of the prenup was a week prior to wedding day. There was no lawyer present at the signing.Comment
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There was no legal advice on my part, not sure about him though. As far as the disclosure, he verbally said an aproximate amount of his assets. We never discussed his finances again throughout the marriage. The prenup was witnessed by his best man.Comment
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I think I would be moving to set the prenuptial agreement, aside, by voir dire at expedited trial.Originally posted by flustered View PostComment
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Does it say he can retain everything that is in his name that was purchased throughout the marriage or just what was in his name at the time of marriage? Depending on how it's worded, it could mean two very different things.Comment
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It says he retains everything in his name before and during the marriage.Comment
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Oh.....ew. I think you need to speak to a lawyer and get some concrete advice.Comment
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