Could my post nup potentially be overturned?
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Could my post nup potentially be overturned?
My manipulative husband made me sign a post nup. We are in California. I want a
divorce. The post nup limits the duration of alimony and also demonstrates the
extreme imbalance of power in the marriage. Is it worth taking to a lawyer or am
I wasting my time?
Asked on August 7, 2018 under Family Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
An agreement cannot be overturned because it was a bad idea, or you have second thoughts, or feel "manipulated." To overturn, you would have to be able to show by evidence at least one of the following:
1) You were mentally incompetent to have entered into an agreement, such as due to mental illness, powerful medication, or excessive alcohol oor illegal drugs, at the time you signed the agreement.
2) Your husband did not merely "manipulate" you but used threats of violence or some criminal act (e.g. blackmail) to force you to sign.
3) Your husband lied about the contents of the agreement AND there was no reasonable way for you to find out what was in it before signing.
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