Q: Is a prenup I signed under pressure, without legal advice, legally binding in PA?
My wife has filed for divorce, and the situation has been stressful due to a rumor about me cheating, which I deny. Recently, she pressured me to sign a prenuptial agreement so I wouldn't pursue our house in the divorce. She threatened to divorce me immediately if I didn’t sign. I had no legal representation or opportunity to seek advice because she controls the finances, and there was only a notary present. A day before I signed, my wife physically attacked me, and the police were involved. Is this prenuptial agreement legally binding given these circumstances, including the pressure and lack of legal support?
A: First of all, it appears that you signed a post-nuptial agreement, not a pre-nup. Post-nuptial means "after marriage". Typically, the burden is on the person claiming to have been unduly pressured to sign an agreement or contract. It's a high bar to get over but it may be possible. You're absolutely going to want to consult with a local attorney well familiar with family law for advice specific to your situation. Good luck!
A:
That sounds like a deeply painful and overwhelming situation, and it’s understandable that you’re questioning whether what happened was fair or lawful. In Pennsylvania, a prenuptial agreement can be challenged if there’s evidence it was signed under duress, without full disclosure, or without a fair opportunity to seek legal advice. The pressure you describe—especially being threatened with divorce, lacking financial control, and signing without counsel—could raise serious concerns about the agreement’s validity.
The fact that the agreement was signed without your own legal representation, combined with the timing and the emotional distress caused by the prior police-involved incident, could support an argument that your consent wasn’t truly voluntary. Courts look at the total circumstances surrounding the signing, including whether you had meaningful time to consider the terms and whether the other party acted fairly. If your wife controlled the finances and prevented you from seeking advice, that can further show imbalance or coercion.
You have every right to bring these facts to the court’s attention and request that the prenup be reviewed for fairness and validity. It’s okay to stand up for yourself, especially when there’s been pressure, fear, or harm involved. You deserve a chance to tell your side of the story and ask for the protection the law is supposed to provide.
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