Can I get around pre-nup due to changed circumstances?
Question Details:I got married 4 years ago and have a prenuptial. The prenuptial lists everything he owes, but he has lost everything 2.5 years ago. Both cars are under my name. But I'm not on his corporation. He has created all these corps to protect his assets. Since he has a lot of creditors after him. I've helped my husband grow and market his businesses. He just started a new business which I helped. I do not get a salary he only pays when he feels like it. So I went back to work andgot laid off, but at night I still but hours for his business. If I got divorced would I get any piece of the business?
Not knowing the terms of your prenuptial agreement, I really cannot answer your question. But here are some issues that may be relevant. The first issue to consider is if you have a valid prenuptial agreement. Did you have legal representation, or did you properly waive legal representation, before you signed the prenuptial agreement? Did you sign the prenuptial agreement under duress or threat? Does the prenuptial agreement abide by the state laws regarding prenuptial agreements? Is the prenuptial agreement properly and legally drafted? Was the prenuptial agreement created in order to perpetrate fraud? In other words, is the prenuptial agreement legal and binding on you?
The above issues would probably be considered by a divorce court. If the prenuptial agreement was found to be invalid, you would probably be able to get part of the business. Also, even if the prenuptial agreement is valid, the court may consider how much work you have put into the business and on grounds of equity award you something from the business (though not from any of the assets listed in the prenuptial agreement).
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