Prenup experts only: can a prenup be invalidated over failure to disclose like 1
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Date: August 5th, 2025 9:30 PM Author: Gay Grandpa
Wow.
If so amazing.
The other issue is I LOST THE SIGNED PRENUP.
However, the lawyer who wrote it for us has promised me either an affidavit or live testimony to the court that he saw us both sign it. Further, she submitted it to USCIS as part if her immigration package and presumably it is discoverable (the judge could order her to produce it by hav8ng her request her records from USCIS).
The other weakness in the prenup is she did not have her own representation. However, she explicitly waived that in the prenup. Nonetheless, she could claim lack of sophistication and that her English weant good enough; but she has a MA in Economics from a prestigious Russian university, and also was living in the US for 10 years holding a nominally white-collar job for a number of years, so she would likely not be taken too seriously about that.
Further, we never actually cohabited- except for the first few months before we had the USCIS interview. Essentially the marriage was a fraud. In recent years though I got her pregnant and we had a child.
(http://www.autoadmit.com/thread.php?thread_id=5758909&forum_id=2/#49160514) |
Date: August 5th, 2025 10:52 PM Author: Nazca Redlines
Her not having her own lawyer sounds like the biggest hurdle to enforcing the prenup. The lawyer who drafted it "represented" both of you? He should have known better.
The tactic of arguing that it was a sham marriage to perpetrate immigration fraud seems less than ideal.
(http://www.autoadmit.com/thread.php?thread_id=5758909&forum_id=2/#49160696) |
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Date: August 5th, 2025 11:33 PM Author: Gay Grandpa
It was not fraudulent on my part- begged her to live with me for years. Only on her part.
"Another change in the enforcement section
is that the New Jersey Act requires “full and fair disclosure” and
not just “fair and reasonable disclosure” as required in the origi-
nal UPAA.133 This is clearly a higher standard of disclosure than
the original UPAA. The New Jersey Act also takes into account
whether the party against whom enforcement is sought had con-
sulted with independent legal counsel or voluntarily and ex-
pressly waived, in writing, the right to consult with the legal
counsel."
So it seems they are cool with no independent legal representation, but the standard for full disclosure is stricter. So if I left out an account worth 10k, the entire fucking prenup would be tossed?
(http://www.autoadmit.com/thread.php?thread_id=5758909&forum_id=2/#49160773) |
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