How Enforceable Is A Prenuptial Agreement?
How Enforceable Is A Prenuptial Agreement?
The answer is that a prenuptial is tough to break. Standard contract principles apply. Was the agreement voluntarily entered and/or is it unconsionable? This is more than just unfair but really, really, unfair,
Courts have looked at many cases but the determinative factor as to the unconscionably is the lifestyle of the spouse looking to challenge the prenuptial agreement.
In Jacobitti v. Jacobitti the wife was bound to a wheelchair and the court held that under the circumstances it was unfair to enforce the prenuptial agreement.
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Carton and Rudnick family law
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