After a prenuptial has been signed, what are my rights if we divorced.The day before I married my husband, he told me to sign a prenuptial agreement or we wouldn't get married the next day. I reluctantly signed it against the advice from my attorney. If we were to divorce, is there a way around the prenuptial agreement? I have always looked at the prenuptial agreemnet as having the divorce papers already filled out even before we were married. I appreciate any help with what my rights are in this situation. Attorney answers (1)
Most States have enacted some version of the Uniform Premarital Agreements Act (UPAA), which requires agreements to have not been entered into "under duress" to be valid. For a general discussion see the Premarital Agreements page and materials set out on our firm web site, posted at http://www.willicklawgroup.com/premarital_postn.... As noted there, while the law varies from State to State, "Generally speaking the most important factors governing validity of a premarital agreement are the common-sense ones of full disclosure and availability of independent counsel. The best way of avoiding later claims of oppression, fraud, duress, etc., is to ensure that none such occurs, so that there could be no evidence of any such behavior. Premarital agreements should be negotiated as far in advance of the wedding ceremony as possible, since agreements signed on the eve of (or even during) the wedding ceremony have been struck down as having been inherently signed under duress."
You should probably seek consultation with an appropriate family law specialist. I would suggest starting your search with the American Academy of Matrimonial Lawyers, which can be viewed at http://www.aaml.org. Good luck. 2 people marked this answer as good
Michael Kielsky, licensed in Arizona and California
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