How can a pre-nuptial agreement be contested in a divorce?
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How can a pre-nuptial agreement be contested in a divorce?
I have filed for divorce without an attorney. We have a pre-marital agreement that says everything is separate and will stay that way during the marriage. I thought the divorce would be uncontested due to the agreement, but now my soon-to-be ex has gotten extremely angry and is harassing me. He even went so far as to contact my employers in an attempt to get me fired. He told me that he would make sure I lost everything. He says he has filed an answer but it is not on record yet. There is nothing to dispute so can he contest the divorce? Can I ask for a hearing after 60 days and get this over with?
Asked on April 26, 2011 under Family Law, Texas
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Given the circumstances it may not be wise for you to do this pro se, or without an attorney. Generally speaking, a pre-nuptial agreement is a binding contract on all parties involved. But remember that it, as all contracts, are subject to the same "rules" of contract, meaning that if the agreement is breached it can be void or voidable. That can be seen in the case of Tiger Woods and his Wife. So if your soon to be ex is attempting to contest the agreement - which I hope was written by good attorney and that each of you had an attorney to explain it before signing - it may be wise to speak with someone on your defenses. Good luck.
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