Overturning postnup

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Latest post 04-03-2013 10:47 AM by splum1. 13 replies.
  • 10-22-2012 12:56 PM

    • arietina
      Consumer
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    • NY
    • Posts 4

    Overturning postnup

     

     

    Is it possible to overturn a postnup i have been forced to? none of the common possessions were devided and only a small alimony was granted. I am not working and in the process of getting a disability that i acquire during our married times

     

  • 10-22-2012 12:58 PM In reply to

    Re: Overturning postnup

    Anything in theory is possible, but your post seems to indicate you already had your chance to challenge a post-nuptial agreement in a divorce and that either didn't happen or wasn't successful.  There is a very limited time to appeal a decision you disagree with in a divorce.  Ultimately, this would be a question for a local family law attorney.

  • 10-22-2012 5:39 PM In reply to

    Re: Overturning postnup

    arietina:
    Is it possible to overturn a postnup i have been forced to?

    In general, it is possible to overturn a postnuptial agreement.  Whether it is possible or likely in your case depends on all the relevant facts, and your post contains almost no relevant facts.

    I suggest you consult with a local divorce attorney.

  • 10-22-2012 6:40 PM In reply to

    Re: Overturning postnup

    arietina:
    Is it possible to overturn a postnup i have been forced to?

    How were you forced to sign a post nup??

    If in that post nup you agreed he got the "common possessions" and a small amount of alimony, then that is what you agreed to and the reason why you received those things.

    It could be possible to overturn, but you would really need to consult a local attorney to review what you signed and make that decision.

  • 02-20-2013 7:48 AM In reply to

    • arietina
      Consumer
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    • Joined on 10-22-2012
    • NY
    • Posts 4

    Re: Overturning postnup

    I was forced by my ex husband who threatened to report me to immigration, cut his financial help all this while i was not working for very serious health reasons . I am legal in the US but only have a green card and not through our marriage. I was planning to go to europe for a year , to treat my condition, since i no longer had health insurance in the US , this and other reasons , he claimed he would report me and i loose my green card.

     

    After divorce was finalized, he cut his promissed help anyway, leaving only minimum allimony he offered me after filing for divorce.

  • 02-20-2013 8:36 AM In reply to

    Re: Overturning postnup

    How long ago were you divorced?

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  • 02-20-2013 11:39 AM In reply to

    Re: Overturning postnup

    I don't know anything about it, but here's some information from a law firm in NY that does prenups:

    http://www.tilemandcampbell.com/lawyer-attorney-1321704.html

    They discuss some of the grounds on which they think prenups can be challenged in NY.  If your ex did not disclose all his assets to you before you signed the prenup, or if you did not have your own separate lawyer advising you about the prenup before you signed it, maybe a NY court might invalidate the prenup, according to them.

    Just noticed you wrote "postnup" not prenup.  I'd guess the same issues would probably apply.

  • 02-20-2013 12:03 PM In reply to

    • Drew
      Consumer
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    • Joined on 03-30-2000
    • PA
    • Posts 48,275

    Re: Overturning postnup

    If there is already a divorce then your appeal window is very soon to close or has closed already .

    If you failed to bring up an issue during the divorce you may be too late to bring it up on appeal.

    Whether or not you can successfully challenge  a post nup due to a change of circumstances is beyond me --even if door is open --which it may not be.

    Short of a gun to your head or him twisting your arm  its hard to argue you were forced to sign a post nup!  Some of his threats seem pretty nasty and the court might see your side --but not if its too late.

    Your sole hope is in fast review by the best attorney you can find...

     



  • 03-01-2013 10:43 AM In reply to

    • arietina
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    • Joined on 10-22-2012
    • NY
    • Posts 4

    Re: Overturning postnup

    we were married for 7 years and divorced for not even a year, but we were separated from 2010. I lost everything and in debt , i need constant  medical help, i cant afford it and i cant even work full time! it is a nightmare

  • 03-01-2013 11:14 AM In reply to

    • Drew
      Consumer
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    • Joined on 03-30-2000
    • PA
    • Posts 48,275

    Re: Overturning postnup

    Laymans guess:

    You may have a serious/deadly  problem that even if you once had a valid point it is now too late to bring it up--there are some rather rigid time locked doors .

    There is a bit of a public policy issue to support ones spouse and not dump a handicapped spouse on the public dole especially for problems that arose during the times of the marriage --and the court might have looked past the post nup to require (ex) spouse to provide for your care for as long as the condition was not abated so you could return to work etc and not dump you on public dole --but I suspect its too late to address that as well.

    Sadly, you appear to have waited far too long .

    You might PROMPTLY run your specific issues with full paper copies of everything past some seasoned  divorce attorney in NY who specializes in appeals work to get a view if there is any legal hope that makes sense......

     



  • 03-01-2013 12:09 PM In reply to

    Re: Overturning postnup

    arietina:
    I lost everything and in debt , i need constant  medical help, i cant afford it and i cant even work full time! it is a nightmare

    A lawsuit to overturn your postnup, even if successful, will not solve your current problems.  Lawsuits tend to take a long time, especially if they are complex or difficult to adjudicate (issues not clear-cut).  I'm not saying don't do it, just that you also need to look into other options to get faster help.

    Have you looked into what benefits you might be eligible for, such as Social Security disability payments?

     

  • 04-03-2013 8:24 AM In reply to

    • arietina
      Consumer
    • Not Ranked
    • Joined on 10-22-2012
    • NY
    • Posts 4

    Re: Overturning postnup

    i might be eligible..but i want to try my luck i think it is not fair what my ex husband did. He is living happily in our apartment and i dont even have a decent housing. I have huge medical expenses that i cant even face anymore. I am not totally disable, i can still have a job something part time , i dodnt want to live on welfare it is scarry. 

  • 04-03-2013 8:36 AM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
    • Posts 48,275

    Re: Overturning postnup

    Its been about 6 months since you first posted your plight --What specific steps have you taken to have your legal  plight addressed by counsel in your state in these past months ?

    If your fact pattern fits such that you might qualify for some public sector benefits --you need to act in your best interest and apply for same --procrastination will not help you.



  • 04-03-2013 10:47 AM In reply to

    Re: Overturning postnup

    The reality of you overturning a post nup when you have been divorced for almost a year and even longer since you signed the post nup is not realistic.  If it were possible, you would need an attorney to help you and you would have to pay that attorney.

    I am very sorry for your situation but too much time has passed for you to overturn it.

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