is prenup valid if no lawyers were consulted and no financial disclosure was given?
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is prenup valid if no lawyers were consulted and no financial disclosure was given?
I am going through a divorce and I signed a prenup before marrying my 2nd husband that was signed in front of a notary at AAA but there was no legal advice beforehand for me and no financial disclosure from my husband. Is that a valid prenup as his lawyer is trying to claim??
Asked on October 2, 2019 under Family Law, Alaska
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
Yes, it is a valid prenup.
1) The law does not require you to have a lawyer for an agreement like this: while you could have retained a lawyer to help you, you chose not to do so. Having chosen to not hire a lawyer, you are held to that choice and cannot use the lack of a lawyer to escape or get out of the agreement.
2) Similarly, you chose to sign without financial disclosure. You could have refused to sign--but having chosen to sign without getting all the information that would have been helpful or appropriate, you are held to your choice to sign it.
The law does not protect you from your own bad decisions, unfortunately.
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