My husband had me sign a pre-nup and now both of our financial and life styles have changed drastically. He mainly wanted to make sure he didn't get burned again in case of a divorce like he did after a short, three year marriage previously. I'm to get no alimony, we both pay our own legal fees in case of a divorce and I'm to get none of his pension. He states that his will makes sure I'm taken care of in case anything happens to him. He lost his business, he's retired, I'm not working and he no longer has a pension. He consistently throws the pre-nup in my face when he's angry and we're fighting. We have been married for eight years and lived together for three before that. The pre-nup states that I'm to get only what I came into the marriage with, getting rid of things to combine.
IMHO, the only way for you to get a proper opinion as to your ability to have that pre-nup set aside is to consult with a local family law lawyer who has experience challenging pre-nups in Court. There is extensive case law regarding the enforceability of pre-nups. You want to ensure you consult with a lawyer who knows all the elements that must be present in a pre-nup to make in enforceable, and they can cross-reference that knowledge with the actual language and terms used in your particular pre-nup. Randy Velzen and Liz Bransdorfer and Mike Haskell (among many others here on ) are all great family law lawyers in your area. I wish you all the best of luck. Warmest regards, Matt.
Although we have had prenuptial agreements set aside, it is a difficult task. You need to meet with an experienced family law attorney to review that contract the circumstances surrounding the signing. Your attorney will also look at whether circumstances have changed and what is fair.
It is virtually impossible to answer your question without thoroughly reviewing both the terms of the pre-nup as well as the circumstances surrounding the signing of the prenup. You must schedule an appointment with an attorney who has specific experience dealing with these types of contracts. I do, but I do not practice in Kent County, so you will need to consult with someone on your side of the state. I wish you all the best.
