Currently, I have an existing pre nup aggreement in the state of NJ. I have just been served with a request to anul the marriage. Many requests made for money and benefits are directly contrary to the pre nup.
Divorce / Separation Lawyer
Procedurally, you contest the claims by filing an answer to the complaint. You then need to file a motion to affirm the validity of the prenup. If it was made in accordance with New Jersey law, there was full disclosure of all finances, and it's not unfair, the court will enforce it. Note that under the statute you've got to file a motion to determine this before trial.
IF YOU LIKE THIS ANSWER AND APPRECIATE THE TIME IT TOOK TO WRITE IT, PLEASE SELECT IT AS "BEST ANSWER." Thanks. The above is said without seeing your case file and without my understanding the entirety of the facts of your case. Depending on those facts, the above information be may incomplete or may be completely inaccurate. The above is intended as general information only based on what you described and not as legal advice. I advise you to consult with counsel who may be able to provide better information commensurate with a better understanding of your situation.
You need to file an answer and deny the allegations. If you have a pre-nup and your spouse is trying to annul the marriage, you really need an attorney.
Legal disclaimer: In accordance with the Avvo community guidelines, this communication does not constitute "legal advice", nor does it form an attorney-client relationship.
You need to contest the action and do so within the 35 days for responding to a complaint. Your response must include a request to enforce the prenuptial agreement along with a copy of it being attached.
DISCLAIMER This answer is provided for educational purposes only. By using or participating in this site you agree and understand that there is no attorney client privilege between you and the attorney responding. This site cannot be used as a substitute for competent legal advice from a licensed attorney that practices law in the State where this offense is charged; and, who has experience in the area of law you are asking questions about and with whom you would have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question, or in the State where this charge is filed