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Attorney & Mediator
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I was married for 8 years and then divorced, there was not

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I was married for 8 years and then divorced, there was not prenup at the time of the first marriage. I married the same person for the second time, a year after we divorced and signed an extorted prenuptial agreement. He never paid all of the money from the first divorce. What are my chances of recovering what he owes me from the first divorce?
Submitted: 5 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 5 years ago.
Your divorce is considered a judgment. Whatever you were granted in your first divorce, you are entitled to enforcement, regardless if you married him a second time. Now if the prenuptial was used to waive your rights to enforce the first judgment, it can defeat your rights. However a prenuptial won't hold up in court if you were "extorted" in having it signed. Typically if you were not given the opportunity to consult with a lawyer before signing the prenup, the courts may set the agreement aside. So chances of success would be great at arguing against the validity of the prenup.

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