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Prenuptial agreement Invalidated? Incomplete financial discloser!

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not2cleverRed

Obvious Observer
Well, at the time of signing a prenup BOTH of us were self-supporting and we agreed to wave alimony rights both ways in the prenup.

It was a fair provision.

In theory, the court might say that unforeseen circumstances that arose during the marriage the agreement unfair, so I need to prepare counter-arguments.
And how long have you been married? 2 years or 20?
 


stealth2

Under the Radar Member
My spouse would LOVE to invalidate the prenup, but the court is likely to find the terms fair because the prenup does not say anything like "husband gets all the equity while wife gets all the debts."

My wife would wont to invalidate the document because the prenup specifically states that
i) she shall not get any alimony (she would get a LOT in case the prenup is deemed invalid)
ii) she has to pay her attorney fees, etc
iii) she shall not be compensated for improving any of my pre-marriage assets (and she did a lot)

So, technically, the prenup is fair, it's just a bad deal for her at his point. Simply entering into a bad deal does not mean that the prenup is invalid. This is what I hope for.

Do you think the court will enforce the prenup?
Seriously? Are you really asking this in all seriousness? Are you truly this stupid?
 

LdiJ

Senior Member
My spouse would LOVE to invalidate the prenup, but the court is likely to find the terms fair because the prenup does not say anything like "husband gets all the equity while wife gets all the debts."

My wife would wont to invalidate the document because the prenup specifically states that
i) she shall not get any alimony (she would get a LOT in case the prenup is deemed invalid)
ii) she has to pay her attorney fees, etc
iii) she shall not be compensated for improving any of my pre-marriage assets (and she did a lot)

So, technically, the prenup is fair, it's just a bad deal for her at his point. Simply entering into a bad deal does not mean that the prenup is invalid. This is what I hope for.

Do you think the court will enforce the prenup?
You need to be consulting and paying for an attorney. You are unbelievably clueless about how things work.
 

not2cleverRed

Obvious Observer
4.7 years
Your numbers aren't adding up.

Consult a lawyer with your details, but you could easily spend more on legal fees fighting over the prenup than the alimony you could potentially owe.

And if you're really that much more financially well off now than when you initially married her, don't begrudge her that.
 

Husband55

Member
You need to be consulting and paying for an attorney. You are unbelievably clueless about how things work.
I spoke with one on Friday and they say that usually, Ilinois prenups are tough to invalidate, but this one will require substantial research to even give me an 80% answer.
 

Husband55

Member
Your numbers aren't adding up.

Consult a lawyer with your details, but you could easily spend more on legal fees fighting over the prenup than the alimony you could potentially owe.

And if you're really that much more financially well off now than when you initially married her, don't begrudge her that.
Why are my numbers not adding up? Because of the increased value of the business? The business has grown substantially because when we met, it was relatively new, just 20 months old.
 

LdiJ

Senior Member
Why are my numbers not adding up? Because of the increased value of the business? The business has grown substantially because when we met, it was relatively new, just 20 months old.
The increased value of the business accrued during the marriage. That makes it a marital asset.
 

not2cleverRed

Obvious Observer
Why are my numbers not adding up? Because of the increased value of the business? The business has grown substantially because when we met, it was relatively new, just 20 months old.
And since, by your own admission, "she did a lot", why should she not benefit from this?
 

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