How can I contesta prenup?

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How can I contesta prenup?

Approximately 3 days before ourplanned marriage he told me to sign the prenup. I had sold my home and car and quit my job, per his request. He agreed to pay my health insurance (never did), put his checking acct in both names (closed it within a year), made me beneficiary to 2 retirement funds which he has reduced the accounts down to nothing and changed the beneficiary. He now wants a divorce. I feel I had no choice but to sign the prenup.

Asked on January 24, 2012 under Family Law, Indiana

Answers:

Steven Blumenthal / Steven E. Blumenthal, Esq.

Answered 9 years ago | Contributor

You can contest a pre-nuptial agreement as part of a divorce, or in a separate action.  There are sections in a pre-nuptial agreement sometimes that address the procedure for challenging the agreement.  Being pressured into an agreement at the last moment, "duress", fraud can be some of the relevant factors in deciding whether the pre-nuptial agreement is enforceable.  There is also Florida Statute with provisions regarding enforecablity of pre-nuptial agreements -- F.S. 61.079.


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