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Is there anyway to break an iron clad prenup in Pa?

 
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Customer Question

Is there anyway to break an iron clad prenup in Pa?

 

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State/Country relating to question: Pennsylvania

Submitted: 304 days and 6 hours ago.
Category: Family Law
Value: $25
Status: CLOSED
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Expert:  joelaws8 replied 304 days and 6 hours ago.

I am an attorney and can help you with this.

Possibly.

You would have to prove that your your spouse failed to make a fair and full disclosure of his/her financial position to you prior to contracting.

To be successful in this challenge, you would have to rebut the presumption that there was a full and fair disclosure by proving the presence of duress, fraud, or misrepresentation with clear and convincing evidence. You would have to prove that you were justified in relying on what you believed to be his/her financial position. For example, if you claimed that you did not know he was wealthy, but you lived with him in his mansion, the court would obviously not consider your reliance justifiable.

Customer replied 304 days and 5 hours ago.

I was pregnant at the time I signed it and he said he would not marry me unless I did. He didn't have a lot at the time but now has 25 million in the bank in his name.We have 2 children and have been married 15 years. i do not work outside of the home.

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Expert:  joelaws8 replied 304 days and 5 hours ago.

Does the prenup address marital assets (property that you and he have acquired during the marriage)? If so, what does it specify (what percentage goes to each of you)?joseph.k.jones141072.3450789352

Customer replied 304 days and 5 hours ago.

Both of our houses are in joint name and we own a racetrack that is in joint names. It states that anything in his name I can't touch. He said something about profit sharing from his company I get half of.

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Expert:  joelaws8 replied 304 days and 5 hours ago.

If it states that anything in his name shall be deemed his separate property, then the court will likely see that as being things that are solely in his name. Since your name is XXXXX XXXXX racetrack and houses, I do not see how the prenup could effect your title to those properties.

Does that answer your question, or am I missing something?

Expert TypeLawyer
Category: Family Law
Pos. Feedback: 98.5 %
Accepts: 115
Answered: 6/12/2012

Experience: I can answer general family law questions regarding the family code and procedure.

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Expert:  joelaws8 replied 300 days and 13 hours ago.

Hi,


I'm just following up with you to see how everything is going. Did my answer help?


Let me know,
Joe

 
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