Robert G. Smith, PLLC

Ex-model tries to challenge her prenuptial agreement

Many in New York may think that asking their fiancees to work together to develop a prenuptial agreement signals doubt about the potential of their marriages to last. yet recent years have seen more and more couples enter into such agreements not expecting to get divorced, but rather to convey to their partners that they have no intentions of profiting off their marriages. In most cases, a prenuptial agreement will both allow the parties entering into a marriage to keep whatever assets they bring in and to stipulate the terms of a settlement should the marriage end. Those entering into them should understand what they are agreeing to in order to avoid being saddled with unfavorable terms. 

Such terms are what the soon-to-be ex-wife of a high-profile celebrity realtor is attempting to challenge as the couple works their way through their divorce case. The woman claims that the marriage ended after only 16 months over a dispute about having children (he, despite having three kids, reportedly was no interested in fathering any more kids). She apparently consented to a prenuptial agreement that would pay her $45,000 month for half the duration of the marriage. Yet after allegedly giving up her career as a model in order to raise his kids, she claims that she should now be awarded temporary spousal support. 

One might indeed be able to challenge the validity of a prenuptial agreement if it can be shown that either the terms are unfavorably slanted towards one party or that one of the parties involved in the agreement was not forthcoming about all of their assets when it was being negotiated. When challenging a prenuptial agreement, one might be wise to enlist the services of an experienced attorney. 

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