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Old 03-11-2013, 06:39 AM
 
6,502 posts, read 5,058,888 times
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Millionaire’s wife gets judges to toss their prenup - NYPOST.com

This, imo, is bs. This woman can whine and claim this or that, but she signed it. Now this judge lets her rip it up and get her ex's money in divorce.

This horrible ruling could very well change pre-nups forever and they might as well be meaningless.

This man should have to give her nothing as the prenup was written. Shame on this activist judge
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Old 03-11-2013, 07:14 AM
Status: "Trump: Comrade!" (set 10 days ago)
 
10,485 posts, read 6,180,428 times
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Quote:
Originally Posted by Tilt11 View Post
Millionaire’s wife gets judges to toss their prenup - NYPOST.com

This, imo, is bs. This woman can whine and claim this or that, but she signed it. Now this judge lets her rip it up and get her ex's money in divorce.

This horrible ruling could very well change pre-nups forever and they might as well be meaningless.

This man should have to give her nothing as the prenup was written. Shame on this activist judge

I would not put too much stock into this as 'changing' anything. Here in Texas (and, I believe, California) per-nuptial agreements may indeed be declared invalid if coercion is proven (as in the instant case), fraud, etc. Any contract is subject to being declared invalid if one party was committing fraud, making threats, etc., to get the other party to sign. I imagine the New York Post was 'puffing' up the story, as they are prone to do.
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Old 03-11-2013, 07:16 AM
 
51,708 posts, read 41,644,152 times
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Quote:
Originally Posted by legalsea View Post
I would not put too much stock into this as 'changing' anything. Here in Texas (and, I believe, California) per-nuptial agreements may indeed be declared invalid if coercion is proven (as in the instant case), fraud, etc. Any contract is subject to being declared invalid if one party was committing fraud, making threats, etc., to get the other party to sign. I imagine the New York Post was 'puffing' up the story, as they are prone to do.
^^Bingo.

Pre-nups aren't invalid but the usual requirements needed to create a valid contract are still there.
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Old 03-11-2013, 07:30 AM
 
Location: The Republic of Texas
66,237 posts, read 33,625,909 times
Reputation: 14164
Quote:
Originally Posted by Tilt11 View Post
Millionaire’s wife gets judges to toss their prenup - NYPOST.com

This, imo, is bs. This woman can whine and claim this or that, but she signed it. Now this judge lets her rip it up and get her ex's money in divorce.

This horrible ruling could very well change pre-nups forever and they might as well be meaningless.

This man should have to give her nothing as the prenup was written. Shame on this activist judge

Contract law and legislating from the bench.
An appeal will soon follow.
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Old 03-11-2013, 07:33 AM
 
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She still went through with the marriage. She was not forces to marry. She now complains to a judge about it because the inevitable divorce happened.
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Old 03-11-2013, 07:35 AM
 
Location: North Texas
23,974 posts, read 32,708,254 times
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Quote:
Originally Posted by legalsea View Post
I would not put too much stock into this as 'changing' anything. Here in Texas (and, I believe, California) per-nuptial agreements may indeed be declared invalid if coercion is proven (as in the instant case), fraud, etc. Any contract is subject to being declared invalid if one party was committing fraud, making threats, etc., to get the other party to sign. I imagine the New York Post was 'puffing' up the story, as they are prone to do.
Agreed. If you could demonstrate that a signature was coerced, you might be able to get a prenup tossed in Texas too.

I'd still require any future spouse of mine to sign one if I ever get married again...which I probably won't do because men are trying to take women to the cleaners here now. It's getting ridiculous. (When I got divorced, it was amicable and the assets were divided evenly.)
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Old 03-11-2013, 08:48 AM
 
Location: Jewel Lake (Sagle) Idaho
27,237 posts, read 17,533,850 times
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Hopefully the guy has the funds to appeal this to another court. Hate to see the golddigger get her way, after she signed a contract.
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Old 03-11-2013, 09:44 AM
 
25,631 posts, read 30,336,318 times
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Good for her.
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Old 03-11-2013, 11:08 AM
 
10,115 posts, read 6,978,491 times
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Sorry, but prenups are often not iron clad. We have friends whose mother remarried late in life (in her 70s), after her first husband died. The second husband was a huge mooch, had absolutely nothing but his social security check, and she was very comfortable financially--he was younger than she was, and saw her coming a mile away as a gravy train. The prenup that he signed and her will both said that, in the event of her death, he got nothing and everything went to her children. She paid every single bill through the 10 years of their marriage and he used his SS as personal spending money. When she died, the kids had to pay him off to the tune of over $100K because she'd left him nothing, and the judge thought that was unreasonable. There was never any talk of the signature not being valid--my husband (an attorney) is guessing that the second husband didn't have his own lawyer and the judge determined that no reasonable person would agree to nothing. My friend said that if the mom had left the husband even $10K the prenup would have been upheld--her lawyer was an idiot. I think the worst part was that he was absolutely awful to her family and to her, and she was considering divorcing him before she died. If the kid's Dad hadn't left his portion of the estate to the kids, in life estate for the mom, the second husband would have taken even more.

I know of another situation where an elderly husband had a prenup with his new wife, didn't give the kids a copy and put the only copy in the safety deposit box. Guess what got burned before they'd even been to the mortuary to buy a casket?

Last edited by mb1547; 03-11-2013 at 11:22 AM..
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Old 03-11-2013, 11:18 AM
 
Location: Caribbean
7,295 posts, read 2,369,834 times
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Not seeing the issue.

Quote:
Originally Posted by legalsea View Post
I would not put too much stock into this as 'changing' anything. Here in Texas (and, I believe, California) per-nuptial agreements may indeed be declared invalid if coercion is proven (as in the instant case), fraud, etc. Any contract is subject to being declared invalid if one party was committing fraud, making threats, etc., to get the other party to sign. I imagine the New York Post was 'puffing' up the story, as they are prone to do.
Exactly.
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