QUESTION
Will a post-nuptial agreement hold up in a divorce?
Asked on Aug 23rd, 2014 on Divorce - Pennsylvania
More details to this question:
My husband on June 10 tried to slit wrist (cry for attention) was leading a double life later found out). He was admitted to a clinic for observation for 4 days then released. On July 12th he signed a post-nuptial agreement he waived his right to an attorney, and it is notarized. I'm assuming my next step is to file for divorce. Is this a legal document that I will incorporate into the divorce decree? My question can a judge overturn the post-nuptial agreement?
1 ANSWER
3 Awards
No one can answer this without knowing more about the circumstance of him signing this-i.e., was he competent, etc. and the significance of the assets he is giving up per this document. A judge would probably not on his own volition, strike down the agreement. The only person that could challenge it would be your husband or his attorney. In other words, the judge would appear to lose his impartiality if he did so.
Answered on Aug 28th, 2014 at 12:11 PM
William R. Pelger, Attorney Munhall, Pennsylvania 412-461-1900