Please Help - PreNup and how does it become invalidated

[linda862]

New York State.
I signed a prenup 10 days before my wedding (2.5 months ago)
My lawyer wrote a letter to me
it says "I am concerned that you are making these decisions under pressure exerted by (my husbands name) and the impending wedding (now about 1 1/2 weeeks away) and mentioned this to you. However, you repeated that you intend to proceed.

Another quote in the letter reads " You have made it quite clear that you intend to sign the agreement at (my husband's name) attorney's office. You also requested that i not attend that meeting as you are concerned about's (my husbands name) reaction.

You is myself in the context of these quotes.


My question is... if someone signs a pre nup under duress, does this possibly void out the pre nup agreement.

Could someone please answer as soon as possible.

Thank you.

 

[LegalBeagle]

New York State.
I signed a prenup 10 days before my wedding (2.5 months ago)
My lawyer wrote a letter to me
it says "I am concerned that you are making these decisions under pressure exerted by (my husbands name) and the impending wedding (now about 1 1/2 weeeks away) and mentioned this to you. However, you repeated that you intend to proceed.

Another quote in the letter reads " You have made it quite clear that you intend to sign the agreement at (my husband's name) attorney's office. You also requested that i not attend that meeting as you are concerned about's (my husbands name) reaction.

You is myself in the context of these quotes.


My question is... if someone signs a pre nup under duress, does this possibly void out the pre nup agreement.

Could someone please answer as soon as possible.

Thank you.

It depends on the duress. If they hold a gun to your head then yes... however, if you go against the advice if your attorney and sign of your own free will then it is difficult to see where the duress is..

 

[I AM ALWAYS LIABLE]

My response:

You are making a very big mistake in not having your attorney present at the meeting. Why should your fiance have all the protections and the advice, and not you ?

If your fiance is mature, it wouldn't matter to him that your attorney is present to advise you. Remember, if you waive the presence of your own attorney, that WILL NOT be grounds to invalidate an otherwise valid prenuptual agreement - - no matter how lopsided it might be.

Take the advice of your attorney. Your fiance should have no valid reason to exclude your attorney from this most important, and life-changing, meeting.

When, and if, things blow up later on down the line, you'll remember this post.

Good luck.

IAAL

[Edited by I AM ALWAYS LIABLE on 02-14-2001 at 01:53 PM]