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I am 26 yrs old and my hubby is 40 have been married 5.5 yrs now getting a divorce.I signed a pre-nup the day before we got married it was handed to me by his lawyer i signed it without reading it.This afternoon i will meet with my lawyer but was warned that fighting a pre-nup could take a long time year or more.He feels that since i do not at present have the means(a job) to fight the pre-nup that i should except the money the pre-nup entitles me too. The pre-nup states that i can keep any gifts from the marriage or personal belonging. Is my attorney taking the easy way out?

2007-04-02 02:20:25 · 11 answers · asked by Anonymous in Family & Relationships Marriage & Divorce

I feel like he is letting my hubby win!I have not worked in 5.5yrs i wont see a court room for 5-6 months what am i supposed to do during that time!

2007-04-02 02:25:31 · update #1

11 answers

he is definitely not you signed a contract. That you didn't read it is a little you own fault you should had a lawyer look at it first before you signed it he could have told you to get some little changes made and now thats too late!!

2007-04-02 02:26:02 · answer #1 · answered by Anonymous · 0 0

The very fact that you are thinking of this in terms of win/lose sends up red flags for me. When you approach a divorce that way the only people who win are the lawyers who are able to rack up huge fees because you want a fight. Think about it - is the prenup fair? Had you talked about it before hand? Just because you signed the day before doesn't mean it will be invalidated. It is usually a better plan to have to sign it long before the wedding and also make sure you have your own lawyer explain it to you. Just because that didn't happen doesn't mean a lawyer can now make it go away. If you can't afford a protracted legal battle over the validity of the prenup - what do you think you should do? No lawyer will take on the case if you can't pay a sizable retainer up front. Therefore you need to make some decisions right now. Spend what you can afford to get what you are entitled to. After a 5 1/2 year marriage you are not entitled to much, actually. Even though you haven't been working. At 26 you are going to be told to go get a job, support yourself and get on your feet. You might get a year's support but that is about it. You will share in the property that was acquired during the marriage. You need a to have someone give you a reality check because even if the prenup went away - you probably would not be entitled to much after a short marriage. Therefore - is it really worth the cost to make it go away?

Good luck.

2007-04-02 04:27:19 · answer #2 · answered by CV 3 · 0 0

No not at all if anything he/she is giving you some strong legal advice. Pre-nups are iron clad and are written up to have no
mistakes or back-outs in them. If you signed this contract without reading it you screwed yourself over. I would take your lawyers advice and it will also end the marriage sooner if that is what you really want. If your hubby had the funds to m ake up a pre-nup then it means he could keep it in litigation for a long time. I would just take what the pre-nup entitles you too and end the marriage. You have no one to blame for this then yourself maybe if you had the brains to read a document before signing it you would have to ask this question in the first place.

God Bless and Good Luck!

It sounds like you have a good lawyer and he/she is just trying to save you some frustration and some money!

2007-04-02 02:28:46 · answer #3 · answered by Livinrawguy 7 · 0 0

On the surface I would say get another lawyer, but then again not enough facts

1st on the pre-nup, giving you the pre-nup the day before the wedding without giving you the chance to have a lawyer read it, to me sounds like the pre-nup could be invalidated

2nd: is it worth to the cost to fight the pre-nup, only you know the finical background of your ex-husband, is he self-employed, work for a company , or is his wealth in a family trust very hard to Perice

3rd: being marred for only 5.5 years, you need to talk to a lawyer but alimony will most likely be a stretch, usually need like 7 years to get anything major, but under equitable distribution you are most likely entitled to half of anything he earned during the 5.5 years, so did he earn big cash or nothing
4th your lawyer should be able to get some type of assistant while the divorce goes on

but in the end you will have to go back to work, 5.5 years of marriage will not get you alimony for any certain amount

2007-04-02 03:03:49 · answer #4 · answered by goz1111 7 · 0 0

Yes. He seems to be taking the easy way out.

First, you should have signed the prenup agreement well before a day before your marriage. This seems like you signed the prenup under duress. Because your husband knew if you didn't sign it there would be no marriage. I don't know how much time and effort you spent on your wedding, but if it was substantial, you definitely might have a strong argument. Arguably, your husband created this adverse situation just to force you to sign the agreement. Presenting this to you before your wedding could also be undue influence.

Additionally, you are entitled to whatever you contributed to the marriage. If you did not work, you still are entitled to any serivces you provided that your husband may have benefited from.....regardless of pre-nup.

I'm not sure what the pre nup says you are entitled to. But it seems like the contract is voidable or at the very least, you can recover half of whatever you contributed to the marriage.....

2007-04-02 02:49:34 · answer #5 · answered by YBMEUBU 3 · 0 0

You contact the daddy or the state. there is not any different option. in case you attempt custody trough the courts on your man or woman you'd be unsuccessful. in spite of an lawyer you have not any criminal status for custody outdoors of what the dad and mom enable. it really is time to the contact the state authorities. EDITED to make sparkling A pretend ASSUMPTION: merely the courtroom can award guardianship. Even a medical proxy should be licensed by technique of the courtroom in a case the position there are dad and mom. A notorized fact of any kind gained't stand the scrutiny of the criminal procedure if there's a father who contests. also, any guardianship petition ought to contain both instruments of grandparents as a count of regulation. for this reason, the thoughts you gained about 'merely signal a paper' are pretend. a baby isn't sources. they could't be traded with a chunk of paper absent a courtroom order.

2016-12-03 03:45:06 · answer #6 · answered by coury 4 · 0 0

No he is being realistic.
Stating you didnt read the contract is not a defensible reason for voiding a contract. You were given the document, informed it was a prenuptial financial agreement, and proceeded to sign it anyway. Since your chances of having it overturned are very slim, you will not be able to obtain legal representation without a retainer, and hourly fees. Since you have little funds, you wont get an attorney.
Sorry.

2007-04-02 02:28:38 · answer #7 · answered by Anonymous · 0 0

Were you forced/coerced into signing a prenup? Doesn't a contract mean anything to you. You took a risk. That is the nature of contracting. Asking if your attorney is taking the easy way out makes very little sense. Who knows. Without contract in hand and circumstances spelled out what makes you think the world has anything constructive to say?

2007-04-02 03:16:08 · answer #8 · answered by Healthy Lifestyle Geek 4 · 0 0

he is taking the smart way out, you signed it and you may just have to go by what you signed, you should have read it first, your fault

2007-04-02 02:24:56 · answer #9 · answered by bluelitttt 4 · 0 0

Not really

2007-04-02 02:24:02 · answer #10 · answered by troble # one? 7 · 0 0

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