Post-Nuptial Agreement

Whether the post-nuptial agreement can be set aside depends upon the specific language contained in the agreement itself. My advice is to have an attorney review the document immediately to advise you whether it is a valid agreement or not. Either way, you need to know your position if you are contemplating separation or divorce.

Robin F. Verhoeven
Attorney at Law
Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.

How valid is a “post-nuptial” agreement in court? After marrying in January '99, my husband abandoned me for 6 months. When he returned in Sept., he had these papers for me to sign and stated he wasn’t coming back; the marriage was over, unless I signed them. One attorney I spoke with said that some judges put these papers aside, under certain conditions. My husband claims now I can’t file for alimony (caught him cheating several times; have evidence) and can never sue him. I have been set up since day 1 with this man. It seems I have no rights whatsoever. I hope someone can hear my story from the beginning and give me some good advice.