QUESTION
What will happen on our prenuptial agreement and division of properties?
Asked on Jan 14th, 2014 on Divorce - Texas
More details to this question:
My husband told me that under U.S. law it’s required to have a prenuptial agreement. I believed in him but later I found out that it’s not required it’s up to him or me to have. So after having prenuptial am I entitled to any properties acquired during marriage? It was stated in the prenuptial that my name can be on the properties but my husband who pays the property will have the right. Also what will happen if the properties are outside U.S?
9 ANSWERS
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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This is a difficult question.. Prenuptual agreements are generally enforceable in the absence of fraud. if you were told it was mandatory and entered into it without your own attorney then you have a possibility of showing fraud and it could be void.
Answered on Jan 17th, 2014 at 4:32 AM
You need a good family law attorney to contest the prenuptial agreement.
Answered on Jan 17th, 2014 at 3:51 AM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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What happens if you get a divorce is that the agreements of the prenuptial agreement are followed unless you can show that it was signed under fraud or duress or not followed during the marriage. It doesn't matter where the property is located as far as a U.S. court is concerned. Enforcement in another country may however be difficult.
Answered on Jan 16th, 2014 at 8:13 PM
Division of property, especially if some of it is a home or land, can be a lot of money to you. Accordingly, you might want to consider retaining an attorney as quickly as possible. There is a lot at stake for you.
Answered on Jan 16th, 2014 at 8:12 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Assuming you had the opportunity to review the pre-nup with a lawyer, you are probably out of luck. On the other hand, if you did not, you may be able to beat the pre-nup may be beatable.
Answered on Jan 16th, 2014 at 8:11 PM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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There is no federal standard for Pre-Nup; all are determined by the state law. You need to have yours reviewed by Florida attorney to determine if it is valid in Florida.
Answered on Jan 16th, 2014 at 8:10 PM
If you signed a prenuptial agreement and if it meets the requirements for the state of Utah, you are probably bound by its terms. The exception would be if your husband misrepresented his assets or otherwise defrauded you into signing it. His telling you that it was required might not meet the requirements to set the agreement aside, since you could easily have contacted an attorney to see if your husband's representations were correct. If your husband has put your name on the title to any properties, here or outside the U.S., that probably removes them from the terms of the prenuptial agreement. If so, those properties would be subject to being divided by the divorce court along with the rest of the marital property that has been acquired during the marriage.
Answered on Jan 16th, 2014 at 8:09 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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See an attorney with the details, it would appear the pre-nuptial agreement was procured by fraud.
Answered on Jan 16th, 2014 at 8:08 PM
Personal Injury Attorney serving San Antonio, TX
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Law Offices of James P. Peterson
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In that you were induced into signing the prenup under fraudulent circumstances, the prenup is probably not valid. You should send him a writing telling him that you no longer consider the prenup to be valid. Upon divorce the Texas court can divide all the parties' properties. Sometimes an additional action is required in another jurisdiction to give the Texas Order full faith and credit and/or foreign recognition.
Answered on Jan 16th, 2014 at 7:59 PM