Hello forum…
I need some advice on a legal matter concerning a prenuptial agreement my husband and I signed before our marriage. At the time, the prenup was drafted by his lawyer, and I didn’t hire a lawyer to represent me. I don’t remember all the details included in the document, but now that we’re getting a divorce, I want to review it.
When I reached out to my husband’s lawyer to get a copy of the prenup, he refused to send it to me, stating that I am not his client. This has left me very confused and worried. Is he allowed to withhold the prenup from me? What steps should I take to obtain a copy of this important document?
As a party to the contract, you have the right to access the prenuptial agreement. If the lawyer refuses to provide it, you should consider consulting your own attorney to assist in obtaining the document.
I practice law. The court will have a very difficult time upholding this prenuptial agreement for your spouse. There are several legal hurdles to be cleared in order for a prenup to be enforceable. One important one is that in order for both parties to comprehend exactly what they were doing, they ought to have had legal counsel, or at the very least, consultation. A copy ought to have also been provided to you. Not that I would worry too much about the prenup.
We don’t ask, therefore you should get a lawyer and make that demand.