Can I have my prenup invalidated?


#1

My husbands wealthy family wanted me to sign a pre-nup before I married him. My husband emailed the pre-nup to me on 12/31/10 at 9:30 in the morning. We went that same afternoon to a bank for me to sign and notarize it. We were married the following day 1/1/11. I had no time to seek legal counsel even though there is a line in the prenup that says I was advised to. We have had trouble in the marriage, and he is not working a real job. I am pretty much the person keeping us afloat until he gets his inheritance. Can I have the pre-nup thrown out or voided and how do I do this?


#2

There are two ways you can attack a prenuptial agreement. One way is by establishing that full disclosure of all assets was not made prior to signing (unless the prenup includes a waiver). The other way is to claim you didn’t voluntarily enter into the prenup. Some of the factors a judge will consider when making a determination on voluntariness are as follows:

  1. Whether or not you consulted with an attorney before you signed the agreement,
  2. The overall fairness of the agreement,
  3. Whether you were pressured by your spouse to sign the agreement,
  4. How much time passed between when you were presented with the agreement and the wedding; and,
  5. Whether or not you closely read the agreement before you signed it.