Challenge to Validity of a Prenuptial Agreement by the Spouse Who Drafted It

[deadlock]

We live in Ohio. My question: do you know of a source where I could learn more about a prenup being questioned for validity by the spouse who prepared the prenup.

My husband's attorney filed divorce complaint 20 months ago. In that complaint he stated we have a prenuptial agreement but quotes it to say the opposite of actual wording.

Within the first 30 days of filing, my attorney requested a settlement offer. My husband's attorney made an offer not even close to what prenup stated (in the event of divorce). My attorney fac'd husband's attorney a copy. He never responded to the prenup he received or discussed an alternative offer.

In March, 15 months after he filed complaint, opposing counsel filed a motion to determine validity of prenuptial. This is my husband's prenup, prepared by my husband's then attorney, signed by me after advised by my attorney.

Most recently, my husband's counsel was very defensive stating there is nothing to preclude him from questioning the merit of the document. And it is because of this that I am asking. How would I find information about a prenup being questioned by spouse who prepared it?

Thank you.

[Mr. Knowitall]

You can ask your lawyer to research Ohio case law on the subject. You can do your own research, although free tools are more limited than those a lawyer is likely to pay for, through a service such as LexisOne.

[deadlock]

Thank you. I appreciate your response. There has been a great amount of research on the prenuptial business. I received copies of most and have learned about how to determine validity (consideration, duty to disclose, right to counsel and fair and equitable). It seems unconscionability is what opposing counsel would ask the Court to determine.

It is the long delay (20 months) where opposing counsel has delayed the process of the court using the PA to determine how marital assets will be divided that I question.

My husband's attorney acknowledged the PA when he filed. When requested to make an offer to settle he ignored what PA stated. Opposing counsel never responded to letter from my attorney rejecting the offer (which included the terms of the PA).

It is 20 months of time that I am curious about. The spouse who filed for divorce has delayed the Court from making a determination of division of marital assets according to the PA that same spouse prepared (his attorney). The Court using the PA is a given. Right?

Maybe there is case law about my question. I think my attorney would have obtained it by now. He is reputable, competent and published.

My question is more about a procedure for settling a divorce when a PA is contested. And in my case the person filing is the same contesting the PA that they prepared.

Got vertigo?

[cissycicle]

Thank you. I appreciate your response. There has been a great amount of research on the prenuptial business. I received copies of most and have learned about how to determine validity (consideration, duty to disclose, right to counsel and fair and equitable). It seems unconscionability is what opposing counsel would ask the Court to determine.

It is the long delay (20 months) where opposing counsel has delayed the process of the court using the PA to determine how marital assets will be divided that I question.

My husband's attorney acknowledged the PA when he filed. When requested to make an offer to settle he ignored what PA stated. Opposing counsel never responded to letter from my attorney rejecting the offer (which included the terms of the PA).

It is 20 months of time that I am curious about. The spouse who filed for divorce has delayed the Court from making a determination of division of marital assets according to the PA that same spouse prepared (his attorney). The Court using the PA is a given. Right?

Maybe there is case law about my question. I think my attorney would have obtained it by now. He is reputable, competent and published.

My question is more about a procedure for settling a divorce when a PA is contested. And in my case the person filing is the same contesting the PA that they prepared.

Got vertigo?

Why would you be seeking free legal advice if you have such wealth?

[deadlock]

Why would you be seeking free legal advice if you have such wealth?

Who said anything about free anything, sissy? nervous??

[cissycicle]

Who said anything about free anything, sissy? nervous??

Uh, if I understand correctly, the obvious answer to your question would be YOU. Are you paying for the advice you hound out of this forum? Doubt it!!!

Again, I'll ask, if you have so much money, why are you enlisting the free services found on an internet forum?

[deadlock]

[QUOTE=cissycicle]Uh, if I understand correctly, the obvious answer to your question would be YOU. Are you paying for the advice you hound out of this forum? Doubt it!!!

Again, I'll ask, if you have so much money, why are you enlisting the free services found on an internet forum?[/QUOTE

you are funny! who do you think you are? free services.. what service actually? huh? do you believe there are answers ANYBODY would pay for on this forum, sissy? Silly sissy from "not sure"?

[cissycicle]

[QUOTE=deadlock]

Uh, if I understand correctly, the obvious answer to your question would be YOU. Are you paying for the advice you hound out of this forum? Doubt it!!!

Again, I'll ask, if you have so much money, why are you enlisting the free services found on an internet forum?[/QUOTE

you are funny! who do you think you are? free services.. what service actually? huh? do you believe there are answers ANYBODY would pay for on this forum, sissy? Silly sissy from "not sure"?

but, but, wait, you're here seeking legal advice for free. To answer you valid question re: "who do you think you are?" Please make that a multiple choice!

[deadlock]

Silly silly, sissy what have you advised that isn't silly ??
"enlisting the free services" huh, miss sissy big shot?
You sure told me off!! Wow.

[rmet4nzkx]

Both you and your husband have different counsel than at the time of the signing of the PA and or the initiation of divorce proceedings. This creats an opportunity to contest even the PA initiated by your husband and which you signed in good faith. Not knowing the facts or the wording of the contract makes it impossible for any of us to give you advice. However several things are true, one being that attorney's will delay the proceedings as much as possible if they consider it to be in their client's best interest, which may mean that they are only delaying the inevitable (sp) Apparently, they are trying to delay your receipt of a settlement of the property that would be in excess of what they assume you might receive if a judge decided it, or they are simply trying to delay any receipt. Your attorney will have their own strategy, so you will have to have patience. Discuss this with your attorney. Hopefully your husband is responsible for your attorney fees or that you will be asking for them or sanctions if they apply.