Marrying couples use prenuptial agreement as a document that outlines many legal aspects of the parties heading into marriage. Provisions for the fair division of marital assets and spousal support are commonly outlined and described. Although a prenuptial agreement is not a favorite conversation topic among couples, its popularity has become widespread in recent years. There are unique cases however wherein a prenuptial agreement can be dismissed by the court. While most agreements are completely legal, there are a few exemptions in extreme cases such as one explained during a recent ruling.
The overturning, handed down in Brooklyn, New York, was the first of its kind in the country and legal experts are excited about it. Many are claiming that it sets legal precedent for prenuptial agreements which rarely gets overturned.
After a year fighting what she believes is an unfavorable and aggravating alimony and marital asset distribution, a woman was finally given vindication by the local appellate court by overturning a prenuptial agreement she signed prior to her marriage.
Her husband, whose net worth is around $30 million, prepared the prenup which he promised to revoke once the couple has a child together. It stipulates that the ex-wife is only entitled to $25,000 for each year they are married. It also adds that all marital properties earned during the time of marriage will go to the husband.
According to legal documents, the appellate court agreed that provisions for alimony and property division in the prenup, including the acts of coercion and failure of the husband to make good on his promise, were fraudulent and intends to cause undue hardship to the female spouse. The court felt that it can’t allow such an agreement to be enforced in any legal manner.
The overturning, handed down in Brooklyn, New York, was the first of its kind in the country and legal experts are excited about it. Many are claiming that it sets legal precedent for prenuptial agreements which rarely gets overturned.
Prenuptial agreements are effective legal tools that set provisions for alimony after a split and the separation of assets earned prior to marriage. However, it is only good as long as it’s not fraudulent in nature and does not set a spouse up to destitution.
About The Author
Victor Dela Casa
is a Filipino-Canadian who spent over a decade working as a business
professional in Canada. Worked in IT, finance, marketing, international
trade, public service, project management and the maritime industry.
Earned degree in Economics from the University of the Philippines and
Business Administration Honours from Eastern College. Currently based in
the Philippines and working as a professional writer for a
multi-national business processes firm.
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