Wife Attempts to Invalidate the Prenuptial Agreement Two words, improperly drafted, now have caused Grey money and a lot of aggravation. I’m guessing that Jennifer was in no hurry to finalize the divorce. Greg had to pay Jennifer $1,137.00 per month in temporary maintenance until the divorce was granted. In the judge’s opinion, Greg wouldn’t pay maintenance to Jennifer once they were divorced, but he would pay maintenance to her while the divorce case was ongoing. His prenuptial agreement said the parties had only waived maintenance “upon dissolution”-not upon the filing of a petition for dissolution of marriage. The Court did find that the prenuptial agreement was valid, but two words left Greg in a bad position and one that he hadn’t anticipated.
What went wrong? And why isn’t the agreement valid?.What was the purpose of hiring the attorneys to draft the prenuptial agreement if the Court is going to grant maintenance anyway?.When parties agree that no maintenance would be paid, and the Court rules that they now have to pay, one cannot help wondering what went wrong. Eight years later, Greg filed for divorce and the trial court granted Jennifer’s request for temporary maintenance. The parties agreed that neither would have to pay the other maintenance should they divorce. Greg and Jennifer planned to marry and executed a prenuptial agreement. In re Marriage of Woodrum – Prenuptial Fail Is the Agreement “Substantively Unconscionable”?.Circumstances Surrounding the Execution of the Premarital Agreement.Wife Argued Agreement Procedurally Unconscionable.Burden of Proof Falls on Party Seeking to Avoid Enforcement of the Premarital Agreement.
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