Could my post nup potentially be overturned?

UPDATED: Oct 1, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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