I thought that the whole purpose of a prenup was to divide property in the event of a divorce before you got married. So how could filing for divorce breach a prenup?
Filing for divorce does not invalidate a prenup. It sounds like you need an attorney.
It is time for you to obtain counsel because this site is not design to give answers to specific questions such as your. Divorce is not DIY and if you went to the trouble to do a pre-nup then you should find a lawyer to help now.
We do not have an attorney-client relationship unless we enter into a written, formal letter of instruction to represent; accordingly, I am not your lawyer. The statements I make do not constitute legal advice. Any statements I make are based upon the limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am admitted to practice in Florida, Oklahoma, and Texas, and to the Bar of U. S. District Courts. Accordingly, my responses reflect the law of those states. I practice extensively in U. S. District and Bankruptcy Courts. Any advice given here is deemed to be within the parameters of the rules of professional responsibility and codes of ethics as promulgated by The Florida Bar and The Supreme Court of Florida, The State Bar of Texas and the Texas Supreme Court, and the Oklahoma Bar Association and the Oklahoma Supreme Court.
It doesn't breach a prenuptial agreement. A prenuptial agreement was written to protect you if you ever file for divorce. It is supposed to make the divorce process less contentious if it ever arises. A party may try to challenge the provisions of a prenuptial agreement. If you like the terms of the prenuptial agreement, you may need a lawyer to help protect your prenuptial agreement. If you think the agreement is totally unfair and doesn't represent your actual agreement, you may want a lawyer to help you challenge the agreement, which would be difficult.
Filing a divorce action is still required in order to get a dissolution of marriage but terms of the Agreement may need to be read and followed to as it relates to use of mediation, or procedural issues.
One key reason people enter into such an agreement is to simplify procedures and reduce costs.
Take a copy of your Prenuptial agreement to an attorney for help.
Sign up to receive a 10-part series of useful information and legal advice about the divorce process.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline