Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
“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.
Question: 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.
Answer:
Lesson: Keep important documents in a safe place.
