More details to this question:
I'm 52 and my husband is 72 we have been married for 8 years and I came to the marriage with literally nothing. My husband is a very successful building contractor and I was a career waiter/ bartender. This is a second marriage for both of us, he has 5 grown-up children and I have 2. I signed a pre-nuptial agreement leaving me with only my clothes and furniture. He picked and paid for the lawyer who represented me. I wanted nothing because I never envisioned anything happening to us. The house is in his name as well as the cars, I have no money of my own and nowhere to go. Do I have any options?
11 ANSWERS
Sharon Adams
Yes. Prenuptial Agreements can be and are enforced in the State of Ohio. However, the circumstances leading to the prenuptial agreement are relevant. Were all financial details disclosed. Was their sufficient time before the marriage to consider the agreement. Did you have legal counsel?
Answered on Feb 19th, 2013 at 7:36 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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You have options. In order for a divorce court to uphold a pre-nuptial agreement, it must find that the agreement was fair when it was entered into, and fair when it is sought to be enforced. In other words, the court is not likely to leave with only the clothes on your back. You should find a skilled family lawyer who will want to demand maintenance, first on a temporary and then on a permanent basis. To be fair in its inception, a pre-nup should include a complete financial disclosure from each party and a meaningful chance to read and review it. The fact of your husband's picking and paying for your lawyer may or may not mean that he failed to give you the advice to which you are entitled. Each case is different. The facts could lead to the inference that he was really representing your husband's interest, but they just as well might not. Facts made the point or not.
Answered on Feb 19th, 2013 at 6:54 PM
Family Law Attorney serving Ridgeland, MS
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Thompson Law Firm, PLLC
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You need to take your pre-nup and go visit a lawyer. There are certain requirements for pre-nups to be valid; full financial dislocures, rights to counsel, time to review prior to ceremony. However, it is cerainly possible it is valid.
Answered on Feb 18th, 2013 at 11:10 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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Prenupturals are generally binding.. if done right and all appropriate disclosures are madeHOWEVER a court should not leave you without income if you substantially changed your potential income because your husband wanted you to stop working once you got married.
Answered on Feb 18th, 2013 at 11:00 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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Generally, prenuptial agreements are legal and binding in most states. However, the details concerning the requisites for enforceability tend to a be different from state to state. And, there can be differences depending on whether the question about enforceability come up in connection with a divorce or in connection with inheritance rights when one spouse dies. The fact that you did not choose your own lawyer when the agreement was made may or may or may not be relevant in determining how binding your agreement is and you should consult another attorney for a better understanding of your current situation and options.
Answered on Feb 18th, 2013 at 10:15 PM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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As long drafted correctly and executed properly.
Answered on Feb 18th, 2013 at 10:13 PM
Criminal Defense Attorney serving Covington, LA
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Law Office of Ernest J. Bauer Jr.
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Yes. You need to hire an attorney to review the agreement in order to determine if there is some sort of defect.
Answered on Feb 18th, 2013 at 9:10 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You could ask him to give you something or to put something in the will for you. Other than that, as long as your attorney told you what was in the pre-nup and you agreed to it, I think that is what you can expect to get.
Answered on Feb 18th, 2013 at 9:01 PM
Bankruptcy Attorney serving North Olmsted, OH
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James F. Lentz Attorney & Counselor at Law
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Maybe. A prenuptial agreement in Ohio can be challenged on several grounds. You need an experienced family law attorney to handle the case.
Answered on Feb 18th, 2013 at 8:51 PM
John Arthur Smitten
Pre-nuptial agreements are frequently enforced. Please consult with an attorney to have your documentation reviewed.
Answered on Feb 18th, 2013 at 8:50 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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See an attorney. Some prenups are valid. Others are not. The law now favors both people having their own attorney. Spousal support waivers may be invalidated. The document has to be read and interpreted on the law in effect when the document was written.
Answered on Feb 18th, 2013 at 8:47 PM