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Daniel Solutions
Daniel Solutions, Divorce Lawyer
Category: Family Law
Satisfied Customers: 9934
Experience:  Practicing Attorney for over 15 years
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My husband had me sign a prenuptial agreement without my having

Customer Question

My husband had me sign a prenuptial agreement without my having an attorney review and advise me of its contents. He also fathered a child while we were cohabitating prior to our wedding and did not disclose this child, in fact the prenuptial agreement specifically says he has no children. Also the agreement was and remains unfair as he is leaving me pennyless and he has all of our money. How can I prove this agreement invalid?
Submitted: 6 years ago.
Category: Family Law
Expert:  Daniel Solutions replied 6 years ago.
You truly need to take the agreement to an attorney to review the document to make sure it is legally sound in it's terms. The bigest problem you will have is if the agreement states that you have had time to consult with an attorney as that is standard language in such an agreement. This phrase places the burden upon you to prove to a court that you did not have sufficient time. The fact that you did not take the agreement to an attorney is not sufficient. You must prove that there were factors beyond your control such as if the agreement was signed the day before your wedding or something along those lines.
Also you can use the failure to disclose the child as to a general intent on his part to misrepresent the terms of the marriage. However you will have to get past the first problem in mentioned as that is the biggest issue you must be prepared to address.