Legal Question in Family Law in Massachusetts
I signed a prenup in 1989 - my spouse told me it expired after 10 years of marriage and I believed him. He even says he really thought it expired after 10 years and didn't realize everything that was in there. Well there are things in there that still matter - even after 21 years. The family business is protected from me - I can only get 35% of the value of his stock - plus he doesn't have to pay me alimony - ever !! I signed the prenup with a notary public - I was not forced to sign it - it was 4 days before the wedding and I felt a bit pressured, but i could have declined and cancelled the wedding which I didn't want to do because my child at the time loved him. My question is this ; Do you think I could get this prenup declared invalid ?
2 Answers from Attorneys
Best answer: Call Attorney Stephen Lander in Framingham and consult with him.
You may have a valid case against declaring the prenuptial agreement invalid. I strongly suggest contacting an attorney for a consultation. Many factors can be looked at. The fact that you were asked to sign it days before the wedding is significant. Further, if he consulted an attorney to draft the prenuptial, you equally must have been informed to consult an attorney, you must have had ample opportunity to consult an attorney (again 4 days is not a lot of time).
You may have a very good claim against the prenuptial and the court will look at several factors including; was it �fair and reasonable," were you fully informed of your spouse's net worth at the time of signing, age, intelligence, literacy, business acumen and prior commitments also are taken into consideration, along with the previous reasons of ample time and representation.
Feel free to contact me for a free consultation.