Legal Question in Family Law in Pennsylvania
My wife and I have a prenup from 7 years ago. We're divorcing, she has no assets and never worked. She comes from a very wealthy family that's why she never worked, I'm a blue collar factory worker with a little inheritance which she wants. We have a disabled child together and my wife is also disabled collecting social security disability. Her attorney seems to think the prenup is not enforceable because my wife says she never had an attorney look at the prenup. My attorney seems to think that's her fault because she knowingly signed without telling anyone she didn't have it looked at. She also wants the house I bought with cash while we were married and the prenup states she isn't entitled to it. The prenup states she only gets child support which would be about $700 a month under Pennsylvania law. She claims abuse in the marriage also... Is this prenup enforceable???
1 Answer from Attorneys
There is no way to know whether the prenup is valid without looking at it. Having said that, the law of contracts governs and, generally, your wife would have to claim fraud to have it set aside.
I hope this answers your question, but feel free to call or email me on a free initial basis.
Matthew R. Nahrgang, Esquire
35 Evansburg Road, Ste 400
Collegeville, PA 19426
(610) 489-3041 o
(610) 489-3042 fax