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Questions Regarding Prenup

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Hi lawyers of Reddit. Sorry if I tagged this incorrectly.

I have a friend (f35) who is married to someone in California. For a lot of reasons, they're separated and divorcing.

Prior to the marriage, he pushed her to sign a prenup. It stated that she gets nothing if they break up before 3 years. They didn't make it 1.

However, I have heard that sometimes prenups aren't actually watertight, especially if there's an issue with how they were created and/or obtained.

While my friend WAS given legal advice, the lawyer was paid for by the (then soon to be) husband, who had had his own lawyer draft it. This is a red flag for independent legal advice to me, but that might be because I'm Canadian, and not a lawyer. If you're wondering, that lawyer actually advised her NOT to sign it, apparently he said he'd "never seen a prenup that was so punitive to one side".

So why did she sign it, you ask? Well that's where we get into the issue of how it was obtained. She had some serious immigration issues at the time, and was under extreme emotional stress as her previous husband had just passed away, from unnatural causes. This guy white knights his way in, saying "marry me and you can stay in the States, but you have to sign this prenup and you have to do it by x date or we'll call the whole thing off and you can have a travel ban from ICE". Honestly I probably would have signed it too, if I was staring down the barrel of that gun.

I think my friend has a legitimate case to have the prenup thrown out on the basis of the coercion AND the legal advice, but either one will do. Thoughts?

PS he apparently recently sent her a decent chunk of change to their joint bank account, called her and used the phrase "throw money at the problem to make it go away". Any legal issue with my friend moving that money to her personal account, as it's currently in a joint account that they both have full access to?

TIA!

submitted by /u/Edumacator239
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