My wife presented me with a written statement to which I have held as a premarital agreement. It was written by her and signed by her. I did not sign one at the time since I was living check to check. Fourteen years later, I have acquired a house, a pension, and 401(k). Will such an agreement hold up in a divorce proceeding?
Nice try but no cigar! Your written statement from your wife does not appear to meet the requirements necessary for a legal premarital agreement. Once again, I cannot overemphasize the need for individuals who are involved in prenuptial agreements, or separation and divorce proceedings, to retain an experienced mediator-attorney to assist them. You find yourself in this predicament because you, unfortunately, did not have proper legal counsel.
It appears that you are still legally married, and all of the assets that you acquired during the marriage, including your pension 401(k), are marital property to which your wife has an equitable interest.
If you are living in the New York City metropolitan area, I strongly suggest that you call me at 212-370-1660 to arrange for an appointment to mediate your separation and divorce so that you can finally get on with your life and know that you have finally taken care of these matters properly.
Leonard M. Weiner, Esq./Divorce Solutions