“I am in the process of getting a divorce. There was a pre-nuptial agreement. I can not find it. What are my options?”

If the pre-nup was ever registered somewhere, they would have a copy. If it was prepared by an attorney, s/he may have retained a copy. If you believe the ex has the pre-nup, you can attempt to gain a copy through discovery (asking for production of documents). If soon-to-be-ex does not have it, interrogatories (questions) could be prepared to ask her about her recollection of its contents under penalty of perjury. If s/he denies the existence of the pre- nup, you might be able to bring in witnesses that know of the pre- nup t show that she has perjured herself.

If you cannot obtain a copy, nobody knew about it, it was not prepared by an attorney, she denies its existence, and you have no proof of its contents, you will have a difficult time enforcing your recollection of what is in the “pre-nup.” It might come down to your word against your ex, and many states have a presumption that the pre-nup must be in writing.

Lesson: Keep important documents in a safe place.

Get notified whenever ANY new article is posted to DearEsq!:
*We NEVER share your email address with anybody!


Michael Durgavich is an accomplished attorney and mediator. Maintaining a general practice in the San Jose, California area, Mr. Durgavich specializes in family law, bankruptcy, and alternative dispute resolution. Mr. Durgavich can be reached through his website at http://www.MichaelDurgavich.com. Contact This Author

State laws vary, and the above is intended as general advice, and not direct legal advice regarding any one particular situation in any one state. For direct personal legal advice related to your own situation you should consult an attorney familiar with the laws of your state and with your situation.