Sample Motion To Set Aside Prenuptial Agreement

The husband wishes to obtain a summary judgment so that the marriage contract can be implemented. The wife argues that the agreement is invalid and unenforceable, as the husband is excessively overwhelmed before and after the signing of the marriage contract, before and after the signing of the marriage contract. The spouse also claims that giving up child support is currently unscrupulous. The spouse also states that the waiver of attorneys` fees is not applicable given the current gap between the parties` finances. A marriage contract may be annulled for any of the following reasons: (1) It has not been performed voluntarily; (2) it was the result of fraud; (3) it was the result of coercion, coercion or aggression; 4) it was ruthless; (5) there has been no fair and appropriate disclosure of the other party`s ownership or financial obligations; (6) the spouse has not voluntarily and explicitly waived the right to financial disclosure; or (7) the spouse did not or could not reasonably have had sufficient knowledge of the other spouse`s finances. The application of the agreement would entail the risk of the wife becoming a public accusation. The woman who was unemployed, largely without wealth, and the main reference person for the young children of the parties, would receive only $20,000 under the marriage contract, in full satisfaction of all claims, although the husband earns about $300,000 a year as a doctor. The wife`s request to annul the marriage contract should therefore have been granted. The woman alleges that she was forced to sign the marriage contract the day before the wedding.

Carter v. Fairchild-Carter, 159 AD3d 1315 (3d Dep`t 2018) (wife obtained a marriage contract in front of the Clerk County Office the day before the wedding and did not have time to read the document or verify it with her attorney). This decision is imitated because the marriage contract was negotiated over a period of several months and the wife had a lawyer. Open Palm Law`s lawyers have successfully ruled in favor of cancelling marriage contracts. Let her do it for you. In October 2013, the husband filed a divorce lawsuit. In particular, the woman was forced to cancel the marriage contract because it was ruthless. .

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