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?
Can I have my prenup invalidated?
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:
- Whether or not you consulted with an attorney before you signed the agreement,
- The overall fairness of the agreement,
- Whether you were pressured by your spouse to sign the agreement,
- How much time passed between when you were presented with the agreement and the wedding; and,
- Whether or not you closely read the agreement before you signed it.