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Prenuptial agreements are often challenged in court

On Behalf of | Nov 5, 2015 | Family Law |

High asset couples in Florida and elsewhere usually make use of a prenuptial agreement. This marital contract serves to protect the interests of both parties, and can greatly expedite the property division portion of a divorce. That said, many spouses who do end up pursuing a divorce will make an effort to challenge their prenuptial agreements in court, with varying degrees of success.

An example is found in the high profile divorce between actress Kaley Cuoco and her husband, Ryan Sweeting. The pair married in late 2013 after just a few months of dating. They did take the time, however, to negotiate and sign a prenuptial agreement prior to their wedding. Now that the couple has decided to divorce, Sweeting is asking for spousal support in opposition to the provisions of their agreement.

Sweeting is worth an estimated $2 million, which would represent a healthy financial standing to many. Cuoco, however, has a net worth that is estimated at $45 million. This alone does not indicate that Sweeting will be successful in his bid for spousal support, especially since the couple signed a prenup. In order for him to prevail, he will need to prove to the court that the agreement should not stand.

Successfully challenging a prenup in Florida or elsewhere usually requires proof that the document was signed under duress. Such an argument could be based on the timeline in which prenuptial agreements are signed, and how much time was given for each side to obtain legal counsel. Another argument can be built around claims that one side was not given a full and fair disclosure of the other’s assets prior to signing. In this case, if Sweeting is unable to present a solid challenge to the prenup, the court is likely to uphold that contract.

Source: ABC News, “Kaley Cuoco’s Ex Ryan Sweeting ‘Not Likely’ to Get Spousal Support, Expert Says“, Oct. 21, 2015

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