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Christopher B, Esq.
Christopher B, Esq., Lawyer
Category: Family Law
Satisfied Customers: 2650
Experience:  associate attorney
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I have a post nuptial agreement. clause no 2 says: this

Customer Question

I have a post nuptial agreement. clause no 2 says: this agreement shall reconsidered as a legally accepted property settlement agreement in case of separation or divorce. Clause no 3 says: incase of separation or divorce, no party would be eligible for any alimony, spousal support or any other form of financial compensation in parts or lump-sum from the other party. clause no 4 says: incase of separation or divorce the property located at (insert address here of the marital home)will be retained by Rabia (which is me)and if at the time of separation or divorce this property is being used as a marital residence (which it was being) Faran (my husband) would leave that residence with in 60 days of receiving a written, signed and notarized eviction notice (served on 3/10/16) from Rabia.
Question: despite clause no 3. my husband is saying his lawyer says I could still end up paying alimony on a temporary basis. And he is refusing to get out even after the 60 days are over saying eviction notice is not a court notice and he won't get out until things are settled his way. I need advice
Submitted: 6 months ago.
Category: Family Law
Expert:  Christopher B, Esq. replied 6 months ago.
My name is***** and I will be helping you with your question today. This is for informational purposes only and does not establish an attorney client relationship. As long as this was in writing and agreed to by competent parties, this should be a valid agreement. The court should recognize it and not award alimony unless the agreement can be attacked and parts held invalid. Unless the agreement provided for penalties, it will be very difficult to force your ex out of the house. The court might award some type of penalty or compensation for his refusal to leave per your agreement but that is not certain. As long as the postnuptial agreement is valid then you should not have to worry about alimony per your written agreement. Please let me know if you have any further questions and please positively rate my answer if satisfied. There should be smiley faces or numbers from 1-5 to choose from. This extra step will cost you nothing extra and will ensure that I will be compensated for my time by the site.
Expert:  Christopher B, Esq. replied 6 months ago.
Just checking back in, do you have any further questions?

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