If a woman signs into a prenup while pregnant could she claim duress to gain 50% of assets if divorce came to be?

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If a woman signs into a prenup while pregnant could she claim duress to gain 50% of assets if divorce came to be?

Asked on January 6, 2012 under Family Law, Oregon

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

A pre nup agreeemtn is a contract between parties so the reasons for setting aside the contract would be based on the in your state.  Duress is geerally one of the bases for setting aside contracts in every state.  Could she claim it? Yes I am sure she could.  Could she prove it is another story.  If she signed the agreement without benefit of counsel then she could stand a chance.  I would seek legal help here.  Good luck. 


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