I was forced into signing a prenup on the eve of my wedding 15 years ago. I now have my hands on it and want to destroy it, as it is very unfair. My husband, who is a lawyer (and a jerk), is threatening to have me put in jail. What are the ramifications if I do destroy this document. I am close to divorce at this point.
2007-07-12 14:59:39 · 5 answers · asked by mary m 1 in Politics & Government ➔ Law & Ethics
There are undoubtedly signed (and possibly notarized) copies anyway. It will avail you little or naught to destroy the original.Get a lawyer of your own. Do it now, and get a good one. Your combined marital assets will pay for it.
2007-07-12 15:09:44 · answer #1 · answered by bullwinkle 5 · 0⤊ 0⤋
THIS IS NOT LEGAL ADVICE. This is my opinion only, do NOT rely on the information provided herein for any purpose. For legal advice, consult an attorney in the relevant jurisdiction.
It is not illegal per se to destroy the contract, assuming in using the term illegal you mean criminal conduct.
To get out of a prenuptial agreement, you have have two arguments available to you. A prenuptial agreement can be invalidated by the court for a number of reasons, including, but not limited to, (1) unconscionability and (2) unvoluntariness, depending on the jurisdiction. If you are able to show that the agreement was unconscionable or that you signed it unvoluntarily, the agreement will not be enforced by the court. Assuming that your jurisdiction follows the common law, you may have a chance with arguing that the agreement was signed involuntarily. A prenuptial agreement is deemed involuntary unless (1) you were represented by independent counsel at the time of execution (or you waived this right), (2) 7 days lapsed between the date you executed it and the date it was presented to you, and (3) if you were not represented by counsel, the material terms were disclosed to you in writing. Again, the validity of these arguments depend on the jurisdiction and facts available to support them.
THIS IS NOT LEGAL ADVICE.
2007-07-12 17:57:39 · answer #2 · answered by Edward r 2 · 0⤊ 0⤋
I won't comment on the divorce part of this, but if you want to break a pre-nup, the answer is not tearing it up, it's getting a lawyer who is smarter than the one who wrote it. On the other hand, such a lawyer will not come cheap. You'll have to decide whether breaking the contract is any more economical than honoring it.
2007-07-12 15:10:04 · answer #3 · answered by ? 7 · 1⤊ 0⤋
I would highly doubt if it would be a felony.
If your husband is any good as a lawyer, he would have copies somewhere.
If he's such a jerk, why have you stayed with him for 15 years?
2007-07-12 15:06:17 · answer #4 · answered by Michael C 7 · 0⤊ 0⤋
it's illegal to destroy it, common sense, it's a legally binding contract
2007-07-12 15:03:03 · answer #5 · answered by Clay H 3 · 1⤊ 0⤋