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Nuptial Agreements: Not Always a Full-Proof Plan
There are a whole host of opinions and views surrounding the concepts of “prenuptial and postnuptial agreements.” While some see it as a premonition of failure or as an insulting slap in the face others consider it a necessity put in place to protect their hard earned fortunes from “salty” ex-spouses. Whatever one’s opinion is on the matter, the legal field and its clients must be aware of the formalities and necessary steps required in order to make a valid and enforceable nuptial agreement.
Bruce T. Davis, the founder and advertisement King of 1-800-LAWYERS has found himself in quite the headache of a legal situation. As the New York Post stated in their April 11, 2017 Davis “got his wife to sign a lop-sided post-nuptial agreement while she was represented by his “drinking body,”” according to court papers.
Davis’ wife, a person of limited education, claims that she was pressured by her husband’s impatience and was represented by a companion of her husband’s who had limited matrimonial experience and was in contact with her husband when implementing this agreement. She also claims that she was never informed of the contents of the agreement.
After Davis sued his wife for divorce, Mrs. Davis asked the court to invalidate the post-nuptial agreement and to provide her, her fair share of his $24 million fortune.
While it has been a common trend for court’s to enforce the validity of signed agreements, the lower court upheld by the Manhattan appeal court, refused to “OK the slanted deal.”
This case is a prime example of how pre and post-nups have to be done correctly in order to be held valid in your state. Numerous factors need to be considered including invalid provisions, no independent counsel, no time for consideration, not properly executed, unconscionability, etc.
To make sure that you pre or post-nuptial agreement is enforceable, it must be carefully drafted and planned. While a competent attorney should advise their client that there is no absolute guarantee that the agreement will be found valid or even interpreted in the way one of the parties intended, they should be knowledgeable enough to take the necessary steps to increase the changes of enforceability.
If you are considering a prenuptial or postnuptial agreement, want to ensure that you take the necessary time to properly address all of your issues and concerns, and would like to speak to a respected and experienced Long Island Divorce Attorney, contact the offices of Jay D. Raxenberg. Call (516) 491-0565 or toll free at (888) 543-4867.