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Can a notorized document over ride a divorce decree (party

remarried) pre-nup and a amendment?...
Can a notorized document over ride a divorce decree (party remarried) pre-nup and a amendment?
Ask Your Own Family Law Question
Answered in 5 minutes by:
2/1/2012
Ellen
Ellen, Lawyer
Category: Family Law
Satisfied Customers: 36,715
Experience: 25 years of experience helping people like you.
Verified

WebLaw :

*This chat is not intended as legal advice. It is general information that may or may not apply to your situation and should not be relied upon.*

WebLaw :

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?

Customer:

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.

WebLaw :

Is your former husband willing to amend the prenuptial

Customer:

My husband remarried me so I could have his pension and all papers are signed to make me beneificary.

Customer:

yes

WebLaw :

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?

Customer:

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.

WebLaw :

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

WebLaw :

You may want to consider writing your agreement, and each retaining a separate attorney simply for the purposes of review

Customer:

We only had one counsel to begin with. Does this need to go before judge again?

WebLaw :

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

WebLaw :

My screen indicates that you are typing – are you still there?

Customer:

yes

Customer:

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?

WebLaw :

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

Customer:

So is there a way of of null and voiding all documents due to having only one Atty even though we both signed documents?

WebLaw :

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

WebLaw :


I think this is what you wanted to know. Please use the REPLY button if you have any questions concerning my answer. Otherwise please click ACCEPT so that I am paid by the site for answering.

Customer:

Upon the review would we be able to just have it notorized if both Atty said it was good?

WebLaw :

correct – notarized with 2 witnesses

Customer:

would this then need to go before a judge as the others did?

WebLaw :

not typically

Customer:

Would it be best to have it go before a judge and make it a court record as the others were?

WebLaw :

I do not have enough information without reading all of the documents to properly answer that. However typically a court record would be superior

Customer:

Thank you for your time, you have given me a direction to go in.

WebLaw :

It has been my pleasure to work with you

Thank you in advance for remembering to click accept. If you experience difficulty using the accept button, please let me know as JustAnswer pays me for my time only if the "accept" registers..

Please let me know if I can assist you in the future by requesting me directly.

Customer:

I will, bye

WebLaw :

:-)

Ellen
Ellen, Lawyer
Category: Family Law
Satisfied Customers: 36,715
Experience: 25 years of experience helping people like you.
Verified
Ellen and 87 other Family Law Specialists are ready to help you
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Ellen
Ellen
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Category: Family Law
Satisfied Customers: 36,715
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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