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Welcome to JustAnswer,So sorry to hear of this dilemma. Would you please explain in further detail. Have you and your former spouse made an agreement that differs from court order?
We divorced in 1999 Nov 5th. Daughter died due to terminal illness Dec16th 1999. We remarried 2008 with a pre-nup which was not written as I had wanted but told this was the way it should be done. Later a amendment was written (I don't know why) Again I trusted him. Now that I have a much clearer head he has taken all of my rights away to my husbands pension and anything else.
Is your former husband willing to amend the prenuptial
My husband remarried me so I could have his pension and all papers are signed to make me beneificary.
If I understand correctly, you and your husband would like to cancel the prenuptial? Or do you want to avoid only the provision regarding the pension?
Can we write a document up have it notorized and have it override divorce decree, pre-nup and amendment? Agreements in divorce would not of been brought foreward except he stated something in the amendment.
You can typically enter into a written agreement modifying the terms of the pre-nup and property settlement of the divorce mentioned in the pre-nup. However a court will typically require that you are each represented by your own counsel at the time of entering into the modification to do so
You may want to consider writing your agreement, and each retaining a separate attorney simply for the purposes of review
We only had one counsel to begin with. Does this need to go before judge again?
I am surprised that you only had one attorney. The agreement itself may not hold up. However rather than take that chance, I suggest that you each retain separate counsel for the purposes of revoking the agreement. Typically it is not necessary to go before the judge
My screen indicates that you are typing – are you still there?
We had one atty. agreeing not a issue. So if we write up a doument , have it notorized, ths would over ride a divorce decree, pre-nup and a amendment?
typically only if you are each represented by your own counsel. The law presumes that without separate counsel that one spouse can exert undue influence upon the other
So is there a way of of null and voiding all documents due to having only one Atty even though we both signed documents?
Yes either if you can file a court action to avoid the prenup however this would typically be much more costly and time-consuming than by agreement. The least expensive and faster this method would be to write your agreement voiding the documents and for each of you to retain separate counsel for the purposes of review of that agreement
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Upon the review would we be able to just have it notorized if both Atty said it was good?
correct – notarized with 2 witnesses
would this then need to go before a judge as the others did?
Would it be best to have it go before a judge and make it a court record as the others were?
I do not have enough information without reading all of the documents to properly answer that. However typically a court record would be superior
Thank you for your time, you have given me a direction to go in.
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I will, bye
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