Ten years back I signed an agreement with my husband,not to claim any property or finances of anykind from him in case of divorc

Asked over 3 years ago - Rockville, MD

In case of a divorce/seperation,will this stand good ?along with the custody of my kids given to him,but we have been living together inspite of the agreement.

Additional information

This agreement was signed in a law firm after being married for 5 yrs,but I did not have any attorneys though he did have one for himself,and the same one was used for me.Frankly,coming from another part of the world,I never understood all of this legal stuff,but sometimes we are in situations with no choices at that moment,as that time I was not given a detailed explination about the contract,that's where I lost my knowledge to power,by not knowing what I was really signing away, at this time I was not working/never drove,and thus could not afford an attorney.Would this contract expire because the notary date/licence expired?
Would I lose custody of my teenage kids and become homeless if I go leagal?(as my husband says this will be so of me).
On the other hand,my kids are not a scary cat like me,as they are telling to take them to the judge to voice out what they too go through with their dad's "consequene threats".
Would appreciate replies to these questions.

Attorney answers (2)

  1. Keith R Havens

    Pro

    Contributor Level 15

    Answered . It sounds as if you signed a post-nuptual agreement. There are a number of criteria that must be met for an agreement of this type to be enforceable. Your not having an attorney of your own is an important fact that will weigh in your favor. Any disclosures or failure to properly disclose on the part of your husband with regard to his finances would also be an important factor. After considering these factors as well as a number of other factors, a court could determine that the agreement is not enforceable. Even if a court were to determine that the agreement is enforceable, the custody provision is not binding. The court will consider the custody provision as being the your and your husband's belief, at the time you signed the agreement, of the best interests of your children. However, the court will need to determine the custodial arrangement that is in the best interests of your children at present. You would be entitled to argue that, notwithstanding the provisions of the agreement, it is in the children's best interest for you to have sole legal custody. You would be well advised to consult with an attorney to review in greater detail the facts of your situtation and the terms of the agreement.

  2. Bryant Keith Martin

    Contributor Level 18

    Answered . You need to tell us more facts. I can't tell whether the agreement was signed before you married (a "prenuptial agreement") or after marriage as part of a separation or divorce proceeding. I will take a swing at it anyway: Generally such an agreement is not enforceable unless
    1. It is a prenuptial agreement and you were represented by your own lawyer, who advised you and signed off on the agreement, or
    2 It came out of divorce or separation proceedings and was approved by a Judge.
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    (Bryant) Keith Martin
    sbbizlaw.com

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