Court honors prenuptial agreement, despite ‘gold-digger’ claims

Court honors prenuptial agreement, despite ‘gold-digger’ claims

Having a prenuptial agreement in place can be the one thing that protects a person after a divorce. By the time a couple has decided that there is no way to repair a broken marriage, the luster of being in love has likely worn off. Feelings of anger, jealousy and resentment often replace those of love and adoration that were present at the beginning of a marriage. As unromantic as it may seem to have a prenuptial agreement in place, it can be very beneficial for parties when the romance has fizzled out.

Lately, there have been many stories about people who enter into a marriage in a whirlwind. Two people may be madly in love and jump into a marriage. However, it can be important to have a third party draw up agreements that take a rational and logical approach to the couple’s future. Without this objective party, passion may overrule logic and people can end up agreeing to something that may not be in their best interests.

One man recently discovered this when his divorce ended up costing him $3.25 million. He claims he was infatuated with the woman he married and was emotionally dependent on her. In his clouded judgment, he signed a prenuptial agreement that guaranteed the woman the huge sum of money, should they get divorced.

Years later, however, then 58-year-old man filed found himself divorcing his 44-year-old wife. He claims that she coerced him into the marriage and signing a prenup. While they enjoyed a very loving and intimate relationship until they married, he claims those relations decreased significantly. He then accused the woman of being a gold digger who was set out to coerce him out of millions of dollars, and then argued that the prenuptial agreement should not be recognized.

However, a court upheld the agreement ruling that loss of intimacy is not an indication of fraud or other suspect conduct. The woman was awarded the $3.25 million. While a relationship can start passionately and lovingly, the reality is that many marriages end. Instead of making arrangements based solely on love and infatuation, an attorney can help couples draw up an agreement that keeps the best interests of each party in mind.

Source: NBC News, “Lap-dancing wife awarded $3.25 million prenuptial payout,” Kari Huus, July 18, 2012

2019-11-15T22:10:42+00:0023 Jul|