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Judge rules prenup agreement valid; limits wife's divorce assets

On their honeymoon, a wife later testified that she and her new husband shredded their prenuptial agreement and vowed to disregard its stipulations. Fast-forward 12 years, and a judge has ruled the agreement is valid and the couple must abide by it during their divorce settlement. Couples residing in Georgia may benefit from learning more about the legal protections afforded to each one by these documents.

In this situation, the couple apparently enjoyed a short engagement period before they decided to enter into marriage. The soon-to-be husband allegedly claimed that the couple needed a prenuptial agreement in order to please the groom's father. However, while on their honeymoon cruise, the pair supposedly agreed to shred the document and no longer abide by it.

The wife claims that they were both in agreement to disregard the prenuptial contract. Unfortunately, when the marriage began to dissolve, the husband revealed that he had retained the original document and never intended to depart from it. A judge has now ruled that the contract is in fact enforceable, because it clearly stated that no other declarations could nullify it, and each party had individual representation during the creation of it.

The wife is now limited to five years of spousal support, and she is likewise permitted limited access to the substantial marital assets in spite of her allegations that her former husband concealed the extent of his share in his family's holdings. A divorce may often result in intense acrimony between the parties. For this reason, it may be beneficial for Georgia couples to each seek their own knowledgeable resources to ensure that their individual interests are protected as they work their way through this emotionally charged time.

Source: New York Post, "Prenup dramatically torn up on honeymoon is still in effect: judge", Joshua Saul, Oct. 28, 2014

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