Legal Question in Family Law in Illinois

nondisclosure of assets after prenuptual

We have been married almost three years. He had a premarital agreement drawn up by his lawyer. I signed it without having my lawyer read it. Now I find out that he may not have listed all his holdings on it. He also is using money in our checking account to buy huge amounts of stock to give to his children. What are my rights as a second wife?


Asked on 9/20/01, 4:35 pm

1 Answer from Attorneys

Sanford Martin Martin Law Office

Re: nondisclosure of assets after prenuptual

This time, consult with a lawyer. Based on your statement, your husband may have entered into the pre-nuptial agreement IN BAD FAITH. On that basis a court can void the agreement. Regarding the use by your husband of a joint checking account for purposes you don't agree with, you may want to: 1) segregate your bank funds in a separate account; 2) register or title other property in only your name; 3) discuss with your attorney the use of a revokable trust for your propery, excluding your husband from control of the trust; 4) consult with a marriage counselor since there appear to be underlying relationship issues to be addressed; Remember that delay in addessing these matters may render a remedy very difficult, e.g., gifting of property to his children may not be reversible.

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Answered on 11/07/01, 10:38 am


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