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Is it for sure that after 10 years of marriage in court the…

Is it for sure that...
Is it for sure that after 10 years of marriage in court the judge can turn a prenup ,and now that I had Breast. An error Nd my husband filed a divorce,and I ha e no money and not working can give me money?
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Customer reply replied 1 month ago
I wrote again because I didn’t get an answer for my first question, so don’t answer again just tell me please where is the answer
Customer reply replied 1 month ago
Where is my answer?
Customer reply replied 1 month ago
Where is my first answer??
Answered in 17 hours by:
3/9/2018
ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Family Law
Satisfied Customers: 18,004
Experience: Licensed Texas General Practice Attorney
Verified

Apologies for the delay. I was out of the office when you asked this question, and only now saw it. I have not had the opportunity to answer it.

You typed "and now that I had Breast. An error Nd my husband filed a divorce". Do you mean "breast cancer" and your husband filed a divorce because of that?

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Customer reply replied 1 month ago
He didn’t take care, and he filed a divorce with the prinup saying only he wants to end the marriage, he is sure the prinup will make him safe

The amount of time doesn't matter in a prenup. That is, while a judge can overturn a prenup, it's not "more" likely that he/she will do so after 10 years than 5 or 20 years.

It is "for sure" that a judge can overturn a prenup if it's determined to be unconscionable, grossly unfair, etc... Again, it's not that it's after 10 years or anything like that, but rather the effect of the prenup.

If a judge believes that the prenuptial agreement is extraordinarily unfair, he or she may decide that the agreement is “unconscionable.” Just because the agreement leaves one spouse with much more wealth than the other doesn’t mean that the court will find the agreement unconscionable; judges find agreements unconscionable only in rare circumstances. Also, a court finding a prenuptial agreement unconscionable isn’t enough to void the agreement. The challenging spouse must prove both that the agreement is extraordinarily unfair and that he or she didn’t receive a proper financial disclosure.

Unless one spouse waives the right to receive a fair disclosure of the other’s financial circumstances, each spouse must disclose his or her assets and debts to the other. While spouses don’t have to disclose every asset to the penny, each spouse must at least have enough information about the other’s finances to make an informed decision on signing the prenuptial agreement. The best way to ensure that you’re giving your spouse a “full disclosure” of your financial circumstances is to have an accountant help you prepare a certified personal financial statement that you provide to your spouse and attach to the prenuptial agreement when you both sign.

If an agreement is so lopsided that enforcing it would require one spouse to go on public assistance or welfare to make ends meet, the court may force the higher-earning spouse to pay alimony to the lower-earning spouse, even if the agreement didn’t provide for spousal support.

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

Thank you, ***** ***** luck to you!

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Customer reply replied 1 month ago
it’s not sure that I will get any money if I didn’t work for one year and still can’t work for now, and I only get 500$ from social security?

That's correct. It's not "for sure". But it is "for sure" that the judge has the ability to overturn the prenup, to answer your question.

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Customer reply replied 1 month ago
I want to give u 5 stars and I can’t find the button

Scroll up/down/left or right on your screen.

Ask Your Own Family Law Question

Have you scrolled on your screen to see where the stars are?

ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Family Law
Satisfied Customers: 18,004
Experience: Licensed Texas General Practice Attorney
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ScottyMacEsq
ScottyMacEsq
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Category: Family Law
Satisfied Customers: 18,004
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