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Roger
Roger, Attorney
Category: Family Law
Satisfied Customers: 31392
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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How can I get out of my prenup. My husband screwed me big

Customer Question

How can I get out of my prenup. My husband screwed me big time.is a prenup written by an attorney out of the state its signed valid
Submitted: 11 months ago.
Category: Family Law
Expert:  Roger replied 11 months ago.

Hi - my name is ***** ***** I'll be glad to assist.

Expert:  Roger replied 11 months ago.

The prenuptial agreement would be valid even if it was written by an attorney out of state. The main thing for it to be valid is that both parties consented to the agreement and that both parties fully disclosed all property and assets.

Customer: replied 11 months ago.
No thanks for the answer . My husband took me to a lawyer 4 days before the wedding. The lawyer never went over the prenup with me and he paid for it. He makes 500,000 a year. My alimony is 3,000 a month for 5 years. We've been married 11 years
Expert:  Roger replied 11 months ago.

His lawyer would not have had to go over the prenuptial agreement with you, but you should have been given an opportunity to seek advice from counsel before signing the agreement. If you were forced to sign without if you signed under duress, it is possible that you could legally challenge the validity of the agreement.

In general, proving that the agreement was unconscionable when it was executed, you must show that you
i. were not provided a fair and reasonable disclosure of the property or financial obligations of the other party;
ii. did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided; and
iii. Did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party.

Expert:  Roger replied 11 months ago.

There are also other potential ways to avoid the agreement, which you can read about here: http://www.floridabar.org/DIVCOM/JN/JNJournal01.nsf/0/4f89d12898331bd08525729100707692?OpenDocument

Customer: replied 11 months ago.
Is there any case law on getting out of prenup?
Expert:  Roger replied 11 months ago.

Hi - this question has timed out, but if you approve additional time, we can continue. Thanks.

Customer: replied 11 months ago.
Is there any Case Law on prenups?
Expert:  Roger replied 11 months ago.

Hi - this question has timed out, but if you approve additional time, we can continue. Thanks.

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