I have a prnup that allows me 10% of my husbands last tax return I signed this prenup 13yrs ago at a young age without any understanding of what I signed by a lawyer my husband paid and he did not review prenup with me and I signed it. 13yrs later I ...

Submitted by Penny Yebba on

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I have a prnup that allows me 10% of my husbands last tax return I signed this prenup 13yrs ago at a young age without any understanding of what I signed by a lawyer my husband paid and he did not review prenup with me and I signed it. 13yrs later I find my husband never put my name on anything including our home, my husband is a well connected man worth over a million dollars he owns many businesses and Rest. I have never paid bills have no education and live in a state of intimitation I can't afford a lawyer although I did meet with two attonerys that said I had a gd chance to overturn the prenup but I have no money in my name at all and no access to funds.

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For a prenup to be recognized

Submitted by elizabethcarlsen on

For a prenup to be recognized by a court as valid, several elements must be present. First, the prenuptial agreement must be fair and reasonable at the time it is made. While the agreement does not in fact have to be completely fair and reasonable, it should at least provide you with something if you divorce. Next, both spouses must fully disclose all of their assets to each so that you have an idea of your potential spouse’s worth at the time you sign the agreement. The agreement must also clearly indicate that you will be waiving certain marital rights by signing the agreement. A prenup alters the way in which a court divides marital assets and the agreement should make this clear. Fourth, you and your potential spouse must have independent legal representation. Independent legal representation ensures you fully understand the legal effect of the document that you are signing. Fifth, you must have adequate time to consider the document and its legal effect. For example, a prenup presented and signed hours before the wedding will likely be found to be invalid by a reviewing court. Finally, the prenuptial agreement must be conscionable to enforce now, taking into account the factors above and if enforced, how the agreement will impact the spouse. I recommend that you discuss your case with an attorney. You may be eligible to receive free legal help for your situation. Contact the Mass Legal Services to find legal aid in your area, http://www.masslegalservices.org/FindLegalAid. For more information about prenuptial agreements in Massachusetts, see http://www.freelegalaid.com/nav/massachusetts/prenuptual-and-postnuptual/article/prenuptial-agreements-massachusetts.

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For a prenup to be recognized

Submitted by elizabethcarlsen on

For a prenup to be recognized by a court as valid, several elements must be present. First, the prenuptial agreement must be fair and reasonable at the time it is made. While the agreement does not in fact have to be completely fair and reasonable, it should at least provide you with something if you divorce. Next, both spouses must fully disclose all of their assets to each so that you have an idea of your potential spouse’s worth at the time you sign the agreement. The agreement must also clearly indicate that you will be waiving certain marital rights by signing the agreement. A prenup alters the way in which a court divides marital assets and the agreement should make this clear. Fourth, you and your potential spouse must have independent legal representation. Independent legal representation ensures you fully understand the legal effect of the document that you are signing. Fifth, you must have adequate time to consider the document and its legal effect. For example, a prenup presented and signed hours before the wedding will likely be found to be invalid by a reviewing court. Finally, the prenuptial agreement must be conscionable to enforce now, taking into account the factors above and if enforced, how the agreement will impact the spouse. I recommend that you discuss your case with an attorney. You may be eligible to receive free legal help for your situation. Contact the Mass Legal Services to find legal aid in your area, http://www.masslegalservices.org/FindLegalAid. For more information about prenuptial agreements in Massachusetts, see http://www.freelegalaid.com/nav/massachusetts/prenuptual-and-postnuptual/article/prenuptial-agreements-massachusetts.