What are the chances of being able to void a prenuptial signed while I was 8 months along in a very tenuous pregnancy?

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What are the chances of being able to void a prenuptial signed while I was 8 months along in a very tenuous pregnancy?

My husband and I have been together for almost 20 years; married for 13. I have felt increasingly controlled and unhappy in the relationship. However, while being completely self-supporting my entire life previous to children, I am now in a place of having nothing while my husband has gone on to increase his wealth, making sure to have everything in his name, as his separate estate. He has LLC’s, properties and accounts all over the place under a dozen different names that I have no access to. If I tried to leave now, there is no way I could support my children. Am I trapped forever?

Asked on April 28, 2011 under Family Law, Washington

Answers:

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

Answered 10 years ago | Contributor

A prenuptial agreement is a contract between two parties.  If one of the parties was under duress and/or the other party used undue influence while the other party was under a disability of some sort then the agreement can be sought to be set aside based upon those grounds   But you really need to take it to an attorney to review on your behalf, one that deals with these type of contractual agreements and knows how the courts will view an action to set the agreement aside.  Without reading the agreement it is difficult to tell if there is anything obvious in the agreement that could he; in setting it aside, like if it blatantly violates state law.  Good luck to you.


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