lilajane Posted July 23, 2016 Share Posted July 23, 2016 My husband presented me with a pre-nupt a couple days beofre our wedding 18 years ago. I was told I could and should get legal representation, but had a mind full of wedding preparations, company coming in. I do remember feeling surprised and demeaned by fiance and lawyer and considered not getting married, with the pressure to sign the surprise agreement. Flash forward 18 years, a 16yo, a house that has quadrupled in value (agreement said it was his house), now I'm facing a divorce. I know I signed under duress and had no legal representation, nor a chance to really review or edit the agreement. It was completely one-sided. I've also put thousands of dollars into the house. Hubby offered me a cash settlement of $50k, though our home is work $500K (was worth $87K at the time of the pre-nupt). My husband has over $800K in retirement assets. I pretty much just hand my paycheck over to him, so I don't really have any assets. I'm thinking his pre-nupt isn't going to mean anything. I know I need legal advice, but that is weeks away, so I'm wondering if any of you have experience with the enforcement of a one-sided pre-nupt. Link to post Share on other sites
BlueIris Posted July 23, 2016 Share Posted July 23, 2016 It’s going to depend upon your jurisdiction and even the judge you get. You can do online research of statutes and cases where you live. Do it. I think you’ll feel much better if you do. Duress is basis to set aside a prenup in many places. Each of these relevant- being handed the prenup just days before the wedding, not having independent representation and imbalance in the terms. Link to post Share on other sites
Art_Critic Posted July 23, 2016 Share Posted July 23, 2016 You probably need a good contractual attorney to look at the prenup, 18 years is a pretty long time for a prenup to be considered enforceable and a child will also figure into that as well. The fact you did not have your own independent lawyer in many states will make it invalid. Prenups still have to be fair, they are for protecting ones assets not to be used to keep marital assets away from a spouse. For example.. his retirement account is a marital asset or at least a portion of it anyhow depending on the balance 18 years ago. Get an attorney to advise you on this and a 50k deal from your husband is most likely very unfair.. Link to post Share on other sites
standtall Posted July 23, 2016 Share Posted July 23, 2016 First of all, I'm not lawyer, but I have been around enough nasty divorces to tell you this..in Michigan. A prenup is usually in regards to assets that each had before the marriage. Joint marital assets earned during the marriage are split in most states regardless of a prenup. ...this would include what the house gained in value. Also, the retirement assets gained during the marriage..ie what he put in since and what has gained in value...are also subject to the 50/50 split. Also, do you have any other forms of leverage? Did he make a lot more money than you? This would force alimony. Do you have minor children? this would force child support. Last, get the meanest, nastiest attorney that your husband can afford. 2 Link to post Share on other sites
Lois_Griffin Posted July 24, 2016 Share Posted July 24, 2016 Get to a lawyer NOW. What a completely sleazy maneuver by this opportunistic con man. He purposely waited until 2 days before your wedding to throw this under your nose when he knew damned well you were completely engrossed in the thousands of last minute details a bride is engaged in 48 hours before her big day and wouldn't have the time - or the inclination - to give it the attention you should have. Honestly, what a disgusting POS. Luckily for you, pre-nups are simply a contract like anything else. And any contract can be contested. Find a bloodthirsty shark of a lawyer who'll pick his worthless bones clean. Link to post Share on other sites
beatcuff Posted July 25, 2016 Share Posted July 25, 2016 A prenup is usually in regards to assets that each had before the marriage. Joint marital assets earned during the marriage are split in most states regardless of a prenup. your jurisdiction is critical, but in general and in most US states the above is spot on, ESPECIALLY after 18 years. you need a 'bulldog' attorney, i suspect after the first meeting his attitude will change. Link to post Share on other sites
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