The prenuptial agreement was signed day of wedding
Prenuptial agreements should be signed as far in advance of the wedding as possible.
Attorney Tom Olsen: Sandra you're on News 96.5 go ahead.
Sandra: Hi. My husband and I have been married 25 years. When the day we got married he produced a piece of paper that said all our everything in the marriage would be 50/50 that he'd keep his 401k and I'd keep mine. I was so shocked it happened when it did I signed it and like a secretary at a bank witnessed it.
Attorney Tom Olsen: All right.
Sandra: I thought nothing about it for the last 25 years, and now recently I found out number one, we have a joint bank account and he's changed the password on the account and he won't tell me what it is so I can't access our regular account.
Attorney Tom Olsen: Okay.
Sandra: I need to know is that legal? Number two, all of a sudden I found out that he's been taking his earning that were not designated to get a retirement and he's been putting them into his side retirement fund of some sort that only his name is on. What is the legality of all that?
Attorney Tom Olsen: Well there's nothing illegal, nobody's going to put him in jail for what you're talking about doing Sandra. Sandra do you have a copy of that document that you signed 25 years ago?
Attorney Tom Olsen: So Sandra it sounds like it attempted to be a prenuptial. One thing about prenuptial agreements is, is that you need to sign them well in advance of getting married. The fact that you signed it the day--
Sandra: The day of.
Attorney Tom Olsen: Yes. I think that that may be a basis for a--
Sandra: And that Ford made that.
Attorney Tom Olsen: So Sandra that may be a legal basis for the court to set aside that what was attempted be a premarital agreement.