ED and pre-nup


#1

I signed a pre-nup and am legally separated. The house is under his name and I was kicked out. Basically, I came into the marriage debt free, left a good paying job, sold my home, 98% of my furniture (and gave him the money), and didn’t finish college. He said I didn’t need it as he would always take care of me.

I am convinced I was used. He is a narcissist and as long as he can control me everything is fine. He hurt me but I never pressed charges, though there is a police report.

I now feel that I was pressured into signing the pre-nup (even though it was my idea) but he jumped all over it as soon as I suggested it. I was also pressured into signing separation agreement. He gives me some alimony but it’s not enough. He also gave me some money to compensate for furniture I sold but it doesn’t cover 1/4 of what I sold.

He asked me not to work and now I can’t find a decent job. Everyone says I should be entitled to half of the home he purchased under his name alone, after we were married. When I did work I gave him all of my money and again all of the money from the sale of my furniture. He controlled all the finances. To the point I couldn’t even have my own credit card.

Do I have any legal recourse in reference to ED?


#2

Your recourse would be rooted in having the prenuptial agreement and the separation agreement declared invalid. To have a prenuptial agreement found unenforceable, you must prove one of the following:

North Carolina General Statutes § 52B-7. Enforcement.
(a) A premarital agreement is not enforceable if the party against whom enforcement is
sought proves that:
(1) That party did not execute the agreement voluntarily; or
(2) The agreement was unconscionable when it was executed and, before
execution of the agreement, that party:
a. Was not provided a fair and reasonable disclosure of the property or
financial obligations of the other party;
b. Did not voluntarily and expressly waive, in writing, any right to
disclosure of the property or financial obligations of the other party
beyond the disclosure provided; and
c. Did not have, or reasonably could not have had, an adequate
knowledge of the property or financial obligations of the other party


#3

What if what he disclosed on the pre-nup is not the same as his IRS forms? I believe he has some partnerships he receives money from and that was not disclosed in the prep-nup asset disclosure. He never let me see the finances. I’m almost 99% sure he lied. He lied about everything else.

Would the pre-nup then be dismissed if I can prove it?


#4

As long as there is no waiver related to disclosure in your prenup, his failure to disclose assets/income could be grounds to invalidate the prenup.