Legal Question in Family Law in New York

I have lost my prenuptial agreement with my husband. My attorney now longer has a copy of it. He does remember preparing it and witnessing and notarizing my husband's signature. My husband is now claiming that he signed it "under duress". Do I have any legal recourse to get him to honor this "lost" and critical document?

In a panic....Thank you!


Asked on 3/02/11, 1:45 pm

1 Answer from Attorneys
Howard Knispel Howard E. Knispel, P.C.

Unfortunately because a pre-nup is not a court document iot does not get filed anywhere. Most attorneys keep documents for 10 years (I still have my clients file from over 20 years ago). This is why important documents should be kept in safes or safety deposit boxes. If you are trying to enforce something in the pre-nuop and your ex is refuses to comply you could try to start an action against him and demand he produce it. However if he claims he lost it too, good luck.

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Answered on 3/03/11, 2:38 pm


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