Legal Question in Family Law in Washington

Is my post nuptial null and void if...

My divorce was final 3 months ago. We had a post nuptial agreement that was filed and signed with the divorce decree by the judge. We have since mutually exchanged properties and did not have the decree changed are in contempt of court? If my ex wife were to change her mind and want to return to the original properties that the divorce states would I be forced to? Can I change the divorce decree with out a huge amount of out of pocket money? Thank-you very much.


Asked on 11/13/03, 8:05 pm

1 Answer from Attorneys
Jahnis Abelite ABELITE LAW OFFICES, P.S.

Re: Is my post nuptial null and void if...

If you exchanged assets in a manner thatwas not provided for in the post-nuptial agreement,then it would be very adviseable to file an amended Decree that accurately sets out your actual exchange instead of the exchange that was set out on paper and never followed. Why do this? Say you rex-wife dies in a traffic accident and her relatives come across the decree as entered by the court. They could demand and very probably receive what was stated in the decree and not what you did with your ex-wife because she woul dbe dead and couldn't testify about your deviation from the court ordered decree. Do you really want to risk that possibility? It's your call but I would really seriously spend a rather small amount to amend the decree then spend thousands and thousands possibly fighting with my ex's family months or years later. Do as you will at your own peril if you don't amend the decree.

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Answered on 11/22/03, 2:58 pm


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