Prenuptial Agreement


Dear Twiceloser:

Greetings. Yes, you can make a motion for a declaratory judgment on an issue. If one issue is the prenuptial agreement, I cannot imagine why you cannot ask the judge to make a ruling on the same. If that does not work, I am sure there are other means of asking the court to rule on that issue. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax


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.


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Dear Wise and Most Knowledgable One,

I hope you had a great Mother’s Day. What gift did you finally decide to give your Mom? I have consulted the stars, and they tell me your efforts will be rewarded this week in some small way (unless you count the calories involved) by a beautiful messenger. Thank goodness she took after her mother.

My question for today is: Is there any way to force the court to decide on the validy of a prenuptial agreement? I am being sued for alimony, distribution of property, etc. This means I must produce tons of discovery documents, and pay my lawyer a large amount of fees. If the prenuptial agreement is valid, which my lawyer says is the case, the lawsuit has no validity. It makes sense to me that the prenuptial agreement should be ruled on first, before all this time and money is wasted.

Thank you for your most wise reply.