I’m Getting Divorced and I Lost my Prenuptial Agreement, What are my Options?

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

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

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.



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Author: House Attorney

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