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Old 03-12-2013, 08:18 PM
 
Location: Dublin, CA
3,807 posts, read 4,276,406 times
Reputation: 3984

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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.
In California for a prenup to be legal, you need two separate/independent attorneys. One for her, one for you. All four parties must sign and agree. That way, whomever and yes women, like it or not, it is usually the woman, cannot say they were coerced into signing; nor did they not know what was in it.

Personally, I'd suggest taking it one step further: Video and audio tape it, along with the signing of the written contract, with plenty of witnesses.

Although, I agree with the OP, this is a bad precedent setting case. Alot of old cases are going to be reopened, "just to see."
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Old 03-12-2013, 09:37 PM
 
Location: Armsanta Sorad
5,648 posts, read 8,058,246 times
Reputation: 2462
Quote:
Originally Posted by Ceece View Post
The prenup may have been right (we will never know) but the process was wrong. That may be a technicality but that was him doing the wrong thing. Oh well.

I'm amused by people not only equating woman to whores but WIVES to whores as well. Says it all.
For all I know, this thing was lying about being forced into a pre-nup. They'll lie about anything to win in a divorce case.
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Old 03-12-2013, 09:42 PM
 
7,359 posts, read 5,464,526 times
Reputation: 3142
Quote:
Originally Posted by GregW View Post
This seems proper to me. Forcing a pre-nuptial contract so close to the wedding IS a form of coercion (it preys on her hopes and expectations) and we have always considered any deal made under coercion to be invalid. So did three NY Courts. This bully loses. That seems proper to me.
He did not "force" the prenup. She could have said no. She did not say no. It's unfortunate that the guy wanted to just get the process over with, because that tells me he might not appeal. Voiding a contract because you decide years later you wish you hadn't signed it is pathetic. It should be overturned on appeal.

Last edited by kidkaos2; 03-12-2013 at 09:52 PM..
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Old 03-12-2013, 09:51 PM
 
7,359 posts, read 5,464,526 times
Reputation: 3142
Quote:
Originally Posted by Saritaschihuahua View Post
I've noticed that you seem to take great personal offense when people call misogynist posts, misogynist. Now why is that?
Really? You're going to try that "ooo, that hit close to home, must have struck a nerve" thing? Sorry, not falling for it.

Using ad hominem tactics to shut down debate is pathetic. Always has been, always will be. Calling a post misogynistic simply because there was something said negative or in disagreement with someone female is not "hatred of women". When people use shaming tactics, I call them on it.
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Old 03-12-2013, 09:56 PM
 
Location: California
37,135 posts, read 42,222,200 times
Reputation: 35014
Quote:
Originally Posted by West of Encino View Post
For all I know, this thing was lying about being forced into a pre-nup. They'll lie about anything to win in a divorce case.
"this thing", "they'll"...uh huh. Wife/whores. Admit it, that's all you see.

We don't know much at this point about who is lying and who isn't. Marriage is a contract too, I hope everyone realises that as well.
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Old 03-12-2013, 09:58 PM
 
7,359 posts, read 5,464,526 times
Reputation: 3142
Quote:
Originally Posted by jazzarama View Post
Without seeing the court's ruling, I don't know how she proved hubby committed a fraud. I know the Nassau County Supreme Court twice ruled in her favor and the NY Supreme Court upheld the verdict.

Seems to me that the OP or someone else who's criticizing the wife and the court should go find the cases before their knee-jerk anti-wife, ant-court rants.
Well if that's true then maybe there's more to it. All I am commenting on is what I've read in the story presented here. If there is something substantial to go on that he really did say he'd tear it up and then didn't tear it up, then I've got no problem with it. I just think the "coercion" thing is absurd. If you want to get married so badly that you sign a prenup you didn't want to sign, then that's your problem. You "coerced" yourself. You could've said no and walked away. But the part about not tearing it up is legitimate if there's real reason to believe he did say he'd tear it up and didn't tear it up.
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Old 03-12-2013, 11:31 PM
 
Location: Dublin, CA
3,807 posts, read 4,276,406 times
Reputation: 3984
Quote:
Originally Posted by Ceece View Post
"this thing", "they'll"...uh huh. Wife/whores. Admit it, that's all you see.

We don't know much at this point about who is lying and who isn't. Marriage is a contract too, I hope everyone realises that as well.
Yes, a contract. And when it is all over, its just that: A business arrangement. All the "I Love you's," mean nothing. Its who gets what, how much, and for how long. Everything else IS BS.

That is a why a prenuptial agreement is important. However, this idiot's judge ruling has basically thrown that out the window. And, unless its overturned, it will cause many people NOT get married and deny many people the "rights" marriage gives them.
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Old 03-13-2013, 05:34 AM
 
11,186 posts, read 6,508,677 times
Reputation: 4622
Quote:
Originally Posted by Phil306 View Post
Yes, a contract. And when it is all over, its just that: A business arrangement. All the "I Love you's," mean nothing. Its who gets what, how much, and for how long. Everything else IS BS.

That is a why a prenuptial agreement is important. However, this idiot's judge ruling has basically thrown that out the window. And, unless its overturned, it will cause many people NOT get married and deny many people the "rights" marriage gives them.
It was more than one 'idiot' judge who threw out the prenup. Two different trial judges and four appellate judges came to the same conclusion. All 6 might be members of the man-haters club or ignorant of legal grounds for tossing a prenup in NY. More likely, the people who knee-jerkedly support the hubby and criticize the wife and the judges are the idiots.
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Old 03-13-2013, 07:07 AM
 
2,836 posts, read 3,496,479 times
Reputation: 1406
It sounds like he soiled his "picture book" marriage; and now his "trophy wife" will take him to the cleaners.
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Old 03-13-2013, 11:23 AM
 
7,300 posts, read 6,734,327 times
Reputation: 2916
Quote:
Originally Posted by Phil306 View Post
In California for a prenup to be legal, you need two separate/independent attorneys. One for her, one for you. All four parties must sign and agree. That way, whomever and yes women, like it or not, it is usually the woman, cannot say they were coerced into signing; nor did they not know what was in it.

Personally, I'd suggest taking it one step further: Video and audio tape it, along with the signing of the written contract, with plenty of witnesses.

Although, I agree with the OP, this is a bad precedent setting case. Alot of old cases are going to be reopened, "just to see."
Those are excellent ideas! Thanks.
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