Question #106: My husband has walked out on our marriage after two months and has refused any attempt at reconciliation. I was forced to sign a pre-nuptial two days before the wedding or he threatened to call off the ceremony. This pre-nuptial denied me any spousal support and cut me off from any marital property rights. Looking back it now appears that he had no intention of working at the marriage and used the pre-nup as a way to guarantee that he could leave as he chose. This pre-nuptial leaves me destitute as I gave up my home, all furniture and most possessions when my children and I moved in with him. What are my rights since I signed this prenuptial? Could this prenuptial be thrown out on grounds of duress, unconscionability or even fraud?

Answer: I cannot overemphasize the need to consult with legal counsel before you sign any legal document. Your marriage of two months is of very short duration in any case and as such the amount of spousal support would be limited . You do have a right, however, to receive the your share of marital property and you should pursue that avenue in the event of divorce. You suggest duress or “unconscionability” or perhaps even fraud, but these allegations must be supported by evidence and it will be up to the judge to decide where justice lies. If you’re living in the New York City metropolitan area, I strongly suggest you call me to see if we can mediate your divorce and resolve the issues out-of-court which will save you both money, time and aggravation. In the future, consult legal counsel before entering into any legal arrangement.
Leonard M. Weiner, Esq./Divorce Solutions