Spiegel & Utrera, P.A. Newsletter - Volume X: Issue III Information, Guidance, Counsel, Corporations, Limited Liability Companies & more!
Prenuptial Agreement Valid Despite
Husband�s Failure To Disclose Income
A
court ruled that a prenuptial agreement is valid even though the husband
told the wife the agreement was merely a formality and didn�t disclose
he had about $8.5 million in assets. The couple had lived together
without marriage for about four years when the wife got pregnant. While
she was at a clinic waiting to terminate the pregnancy, the husband
called and asked her not to have the abortion, but to marry him. She
agreed. About 10 days before the wedding he asked her to sign a
prenuptial agreement prepared by his attorney. The wife contends that
the husband told her that the agreement was only a formality and that he
would always take care of her. She took the agreement to an attorney the
husband paid for, but the attorney advised her that he didn�t have time
to fully examine it before the wedding. The wife ultimately signed the
prenup after the life insurance benefit was increased and the alimony
provisions were modified. At the time the agreement was executed, the
wife had a net worth of $10,000; the husband�s net worth was at least
$8.5 million. After 18 years of marriage and four children, the husband
filed for divorce. At that time his net worth was about $22.7 million. A
trial court held that the prenuptial agreement was enforceable and
awarded the wife $2,900 in alimony for four years. The court also ruled
that the husband was entitled to all the assets he accumulated prior to
and during the marriage.
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