Mental capacity and Prenuptial agreements

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OneTribe

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1st please don't answer this post and say ask an attorney, I already know that. I'm seeking to do my own legal research in order to make sure that the attorney is doing all they can or know how to do, and hopefully I will be able to find out something they don't already know. This is a small town, and not much litigation, and definately not any divorces that is dealing with millions of dollars.

My question is this. Has anyone heard of any case law in any state that deals with the issue of a woman getting out of her prenuptial agreement after 8 years, by claiming that he mental illness felt her feeel "forced" into signing the prenuptial agreement. Forced descibes her feeling that if she did not sign she wouldn't of been able to get married therefore her mental illness was so extreme she felt she was being forced......

I would think that by the very definition of a prenuptial agreement, that every person that signed a prenuptial agreement would feel "forced" by the way that if they didn't sign they wouldn't be able to get married. So, if anyone has heard of any case at all that deals with the subject of mental illness, prenuptial agreements, and forcible signing, please send me a link.. thank you very much.
 
1st please don't answer this post and say ask an attorney, I already know that. I'm seeking to do my own legal research in order to make sure that the attorney is doing all they can or know how to do, and hopefully I will be able to find out something they don't already know. This is a small town, and not much litigation, and definately not any divorces that is dealing with millions of dollars.

My question is this. Has anyone heard of any case law in any state that deals with the issue of a woman getting out of her prenuptial agreement after 8 years, by claiming that he mental illness felt her feeel "forced" into signing the prenuptial agreement. Forced descibes her feeling that if she did not sign she wouldn't of been able to get married therefore her mental illness was so extreme she felt she was being forced......

I would think that by the very definition of a prenuptial agreement, that every person that signed a prenuptial agreement would feel "forced" by the way that if they didn't sign they wouldn't be able to get married. So, if anyone has heard of any case at all that deals with the subject of mental illness, prenuptial agreements, and forcible signing, please send me a link.. thank you very much.

Is there an actual, diagnosed mental illness?

You can certainly argue that there was "force", but the burden of proof will be on you. The argument that you would not be married unless you signed is not enough. That's a choice.

You can search for Kansas case law applicable to your situation here:

http://search.kscourts.org:8765/ksc...qt=prenuptial+agreement&Submit.x=7&Submit.y=5
 
answer

Yes the woman involved was supposedly repeatedly raped by her strict amish father and has a lifetime of therapists, mental institutions etc. The man (my father) did know about her therapists and her time in an Inpatient care institutions, however he did not know about the severity or where the mental illnesses came from.

I agree that it is a choice signing the prenuptial agreement, and feel that this woman has learned to use her mental illness throughout her lifetime in order to recieve sympathy and to scam people out of money. she even sued her therapist saying he masturbated while putting her under hypnosis. The therapists paid her off rather than taking something like that to court in a town with under 200,000 people in it. That scam artist woman got away with 200,000 in just that inicident. I think that she's been doing this kind of thing for a while but just can't prove it.

She has succedded so far in this divorce, and has successfully got the judge to order the prenupt invalid due to force. The man is now looking for a way to appeal this decision. There is little or no precedent in this state for this kind of case. That's why I am looking for anyone to offer a lead that we may be able to go on.
 
Yes the woman involved was supposedly repeatedly raped by her strict amish father and has a lifetime of therapists, mental institutions etc. The man (my father) did know about her therapists and her time in an Inpatient care institutions, however he did not know about the severity or where the mental illnesses came from.

I agree that it is a choice signing the prenuptial agreement, and feel that this woman has learned to use her mental illness throughout her lifetime in order to recieve sympathy and to scam people out of money. she even sued her therapist saying he masturbated while putting her under hypnosis. The therapists paid her off rather than taking something like that to court in a town with under 200,000 people in it. That scam artist woman got away with 200,000 in just that inicident. I think that she's been doing this kind of thing for a while but just can't prove it.

She has succedded so far in this divorce, and has successfully got the judge to order the prenupt invalid due to force. The man is now looking for a way to appeal this decision. There is little or no precedent in this state for this kind of case. That's why I am looking for anyone to offer a lead that we may be able to go on.

I doubt that anyone will know of specific cases; however, you may find some by checking the State Bars of every state. Not all state bar assoc. will have the accessibility that Kansas does, but it's a start.

Good Luck


ETA: You can also try lexisone.com and Justia for cases.
 
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1st please don't answer this post and say ask an attorney, I already know that. I'm seeking to do my own legal research in order to make sure that the attorney is doing all they can or know how to do, and hopefully I will be able to find out something they don't already know. This is a small town, and not much litigation, and definately not any divorces that is dealing with millions of dollars.

My question is this. Has anyone heard of any case law in any state that deals with the issue of a woman getting out of her prenuptial agreement after 8 years, by claiming that he mental illness felt her feeel "forced" into signing the prenuptial agreement. Forced descibes her feeling that if she did not sign she wouldn't of been able to get married therefore her mental illness was so extreme she felt she was being forced......

I would think that by the very definition of a prenuptial agreement, that every person that signed a prenuptial agreement would feel "forced" by the way that if they didn't sign they wouldn't be able to get married. So, if anyone has heard of any case at all that deals with the subject of mental illness, prenuptial agreements, and forcible signing, please send me a link.. thank you very much.





"Prenups" are very hard contracts to break.
A cursory search of Lexis-Nexis has returned nothing in regard to your query.
People have overcome the restrictions of "prenups", but not for the reasons you state.
Logically (and legally), I don't think those arguments would hold up anyway.
If a person is incapacitated by mental illness enough to be said unable to contract a "prenup", they'd also be incapacitated enough to be unable to contract to marry.
I see no "there", "there" in such a specious and vapid argument.
 
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