Is there any legal action he can take against me if I do not signa post-nup?

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Is there any legal action he can take against me if I do not signa post-nup?

My husband wants me to sign a post-nuptial agreement. I do not want to sign this document but he keeps pressuring me to sign by 04/15. I feel if I do not sign the document, he will in turn do something drastic. We have a “confidential marriage” which is recognized by the state of CA. We have been married for 2 years this month and have 1 child together.

Asked on April 7, 2011 under Family Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

No, people cannot force other people, even spouses, to sign anything, so legally he can't force you to do this--all he can do is exert "pressure" and hope you'll agree. When you say you think he'll do something drastic, if you feel that he may hurt you or your children, you may wish to speak with the police...or if it's not that imminent a risk of harm, at least speak (immediately) with a family law attorney and take their advice on what to do. If you're more worried about divorce or other legal actions--including that he may lie or perjure himself, or claim that you have abused the children or done something else illegal--again, you should speak with a family law attorney *immediately* about your concerns. Basically, he can't make you sign; but if you're worried about his actions, you need to talk with an attorney and possibly, if there's even a threat  or hint of violence, the police.


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