If the agreement was not incoporated into the judgment of divorce, the provisions of the judgment of divorce controls. Why was this agreement not presented to the Court during the divorce action? The divorce pleadings, and ultimately the parties at trial, should have informed the court of the premarital agreement. While Marital Property Agreements are given a general presumption of validity, if your question sets forth the complete agreement, I doubt that the Family Court would enforce the agreement (especially if there were no attorneys involved and no financial disclosures where exchanged at the time of entering into the agreement). As for a small claims action to the enforce the agreement, while you can certainly file a small claims action on this, the Court will most likely not uphold this agreement and there is a good claim for dismissal based upon issue/claim preclusion. The agreement's terms contradict the terms of the subsequent divorce judgment. As stated previously, the divorce judgment controls. While there may be an argument to vacate the divorce judgment based upon the existence of this agreement, the Court is not likely to be happy that this information was not appropriately presented during the divorce action.
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You may have a problem enforcing your agreement because of the "as fast as financially feasible" language. That is "indefinite," which is one reason a contract won't be upheld by a court. You would probably not be allowed to testify as to what one or both of you thought it meant. Hate to say this, but it's a great example of why people should hire lawyers to do complex legal work. If you break a leg, please don't do DIY surgery. Find a good orthopedist.
I am not your lawyer unless you and I agree in writing that I should represent you. Until that happens, any answer I give you on Avvo does not constitute professional legal advice from me to you.
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