A husband in a divorce proceeding could enforce a provision in a prenuptial agreement waiving his wife's rights in his pension, a New York appellate court has ruled. The parties entered into a prenuptial agreement before getting married in 1992. Under the terms of the agreement, the wife waived her rights to the marital portion of her husband's retirement benefits.
Prenuptial agreement; waiver; law of the case; work product doctrine.
I'm insulted and humiliated that he was able to get away with this without having a shred of evidence. The bottom line is this, he's the one who's gay. He's the one who withheld this knowledge and information from me. He's the one who has tried to hurt and sabotage my entire life and disrupt it. I am insulted. I am pissed off, is what I am. And so far he has done OK. I've got a judge ordering me to pay this bastard money - and his lawyer. I've got a valid prenuptial agreement that states that I don't owe him anything. I've got proof. It's like I feel like I've just been railroaded. I don't feel weak by it because there are a lot of legal issues that I hope to be able to bring up that a lot of women who aren't in my position couldn't even address. And that's where I'm coming...
A prenuptial agreement that was both substantively and procedurally unfair is unenforceable, the Washington Supreme Court has ruled. The parties met when the husband hired the wife to work for his company. Because of the disparity in their relative wealth, the husband asked the wife to sign a prenuptial agreement.
A St. Louis attorney who settled previous tax-related allegations with the U.S. Department of Justice won a legal malpractice suit brought by a former client. Philip Kaiser of The Kaiser Law Firm had prepared a prenuptial agreement for Ken Yavitz, and Yavitz sued after his wife argued during divorce proceedings that he had breached the agreement. But jurors found Kaiser followed legal standards for advising his client.
A prenuptial agreement is void because the husband and wife were both represented by the same attorney, the West Virginia Supreme Court has ruled in reversing a lower court decision upholding the agreement. About 10 days before their wedding, a husband had his wife meet with his attorney and review a draft prenuptial agreement. Both parties signed the agreement the next day, as well as a certification that they had each consulted with the attorney who had advised each of his or her rights.
The statute of limitations did not bar a legal malpractice claim over the failure of a lawyer to include a waiver-of-alimony provision in his client's prenuptial agreement 14 years earlier, a Maryland appellate court has ruled in reversing a summary judgment. The plaintiff hired the defendant to draft a prenuptial agreement. After his divorce 14 years later, the plaintiff sued the defendant for negligence for failing to include a waiver-of-alimony provision in the final draft of the agreement. He alleged that the defendant deleted a waiver that had been in earlier drafts from the final draft without consulting him, and then directed the plaintiff to sign the agreement without rereading it. The plaintiff argued that state's three-year statute of limitations was tolled because he did not ...
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