Will Post Nup Agreement Hold up in court


#1

You have a complicated question. Answering it without fully understanding the details of your situation would be unfair to you. I strongly encourage you to sit down with a lawyer and get your questions answered after fully explaining your situation. Some lawyers offer a free consultation. Some lawyers, through the NC Lawyers Referral Service, offer a $30 consultation. Or, if you are in our area, come meet with us. You really need to get some advice that is specific to your situation.

Here is the Lawyer Referral Service website - ncbar.org/public/lrs/search.aspx

Good luck.

Lee S. Rosen
Board Certified Family Law Specialist
The Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
Rosen.com
(919)787-6668

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.


#2

I signed a post nup agreement basically giving my husband everything I had contributed to this marriage (we were married in 12/05)in May of this year ($30,000). The form was notorized. The attached exhibits that declare the division of property were not notorized (nor were they initialed). In the part that was notorized the exhibits are referred to as see Attached Exhibit A and B. I was in a very controlling relationship and have now fled the situation (living in another state). I had the police do an investigation on him because he actually went as far as locking me in the house when he would leave(deadbolts on doors that could only be opened with a key and windows were screwed shut). I have another report for attempted assault against me. My question is will this document hold up in court, or can I show this was signed under duress (which they were). My husband is an ex con and has spent over 10 years in prison. Yes, I was stupid to have gotten in to this situation and have lost everything because of it. A lot of what my husband told me about his past was not true and he mislead me and conned me out of everything. I have the reciepts for everything showing that I purchased these items (before the marriage) but he now has the titles to both cars in his name. The only thing on the agreement that goes to me is my clothing and my cd’s and dvd’s everything else is listed as being his property. Is there any more I can do to prove this notorized statement was signed under duress or is there even such a thing in divorce court.