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1. If my wife in divorce proceedings produces a Pre-Nup that…

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1. If my wife in...
1. If my wife in divorce proceedings produces a Pre-Nup that I signed (blank with no witnesses or noterized) 3 years after we were married and produces this in divorce court noterized with witness signatures; do I have any legal recourse because this is forgery? Any statue of limitations?

2. If my ex-wife has refused to return my personal property by court order since my divorce 4/2008. Can I find her in contempt? Any statue of limitations?
Submitted: 8 years ago.Category: Legal
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Answered in 17 minutes by:
6/19/2010
Lawyer: Barrister, Attorney replied 8 years ago
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 43,103
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
Verified

Hello,

.

1. If there were no witnesses or notary present when you signed the document and they "appeared" later, this would be considered fraud, not forgery on the part of the notary and witnesses. Forgery is if someone signs another's name without authorization. The notary could be charged criminally for the fraud and could face felony charges as well as monetary fines.

.

However, Georgia law does not require a prenup to be notarized, so it would be a legally binding contract entered into between the parties even without the notarization as long as it was signed by both parties.

.

.

2. If your ex has refused to abide by a court order, you can file a Motion to Compel that will force her to appear in court and explain to the judge why she has disobeyed his direct order. If she is lucky, the judge will give her a second chance to deliver the property. If not, he can find her in contempt and order her jailed for up to 6 months. The judges order would not be subject to the statute of limitations.

.

.

Thanks.

Matt

 

 

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Customer reply replied 8 years ago

1. I was told by my attorney in Georgia, the Prenup needs to be witnessed and noterized while the witnesses were present. I signed it blank with no witnesses and she took the prenup and didn't sign it and/or gave me a copy until 4 years later in divorce court. Is there a statue of limitation and do I have any recource?

 

2. In divorce court she committed perjury by stating she didn't have my personal notes from my meeting with her attorney that I am suing. I saw her with these notes and she refused to return them. It will be "he said she said". Her attorney told her to take them but no proof. What recource do I have besides having her testify under oath which she will refuse to tell the truth. Lie detector?

 

 

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