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As we’ve discussed before on our blog, prenuptial agreements can be very valuable tools for those looking to get married. The usefulness of prenuptial agreements isn’t something which applies exclusively to wealthy couples; nearly every couple in our society can derive benefit from these agreements. The reason why these agreements are so universally beneficial is due to the fact that these agreements can predetermine certain outcomes in the event of divorce. Certain outcomes, such as property division, can be quite expensive to litigate, and so predetermining outcomes with a prenuptial agreement can be financially advantageous. However, simply because a prenuptial agreement is made doesn’t necessarily mean that its contents will unfold; for the contents of the agreement to occur, the agreement must be valid and enforceable. If a prenuptial agreement is declared unenforceable by the court, then its contents are essentially useless, and the court to step in to assist with the various outcomes of the divorce.
In the past, we’ve touched on some of the basic issues pertaining to the enforceability of prenuptial agreements. The case of Helal v. Helal (2019) gives an example of the sort of things which may render a given agreement unenforceable. Let’s examine this case in a bit of detail.
Factual Outline of the Case
The couple in this case married in the summer of 2011.For the husband, the marriage was his third time down the aisle, and for the wife it was her second time. About one week prior to the wedding day, the husband brought up the subject of developing a prenuptial agreement. The husband then approached the wife and presented her with a draft of the agreement. The wife was of Egyptian background, and her proficiency with English was limited; the entire agreement was written in English, and so the wife apparently needed translation services to fully comprehend all the terms of the agreement.
The wife was assisted by a lawyer who was recommended by the husband when she reviewed the agreement. The husband had been assisted by a separate attorney during the development of the agreement. The wife didn’t obtain a translator prior to signing the agreement. Ultimately, the wife signed the agreement just before she went and attended a wedding dress fitting appointment. The wedding occurred about one week later. Eventually, the marriage between the couple broke down, and the wife filed for divorce. The husband requested the court to enforce the terms of the prenuptial agreement, arguing that the agreement itself was perfectly enforceable.
Outcome & Discussion
After review, the court ultimately determined that the agreement was unenforceable, and the court based its determination on several things. For one, the court found that the wife hadn’t fully understood the terms of the agreement – so, there was no genuine “acceptance” of the terms, as is required by basic contract law. Next, given the timing of the agreement –i.e. the fact that the agreement was developed and executed just one week before the wedding – the court found evidence of improper coercion, as the husband likely would’ve refused to go through with the marriage without the agreement. The fact that the husband alerted the wife in this way, just before she attended a dress fitting appointment, pointed to a finding of improper coercion. Coercion is one of the things which will invalidate an otherwise enforceable agreement.
Contact the Murphy Law Firm for Additional Information
If you would like additional information about prenuptial agreements, postnuptial agreements, private settlement agreements, or another related topic, contact one of the leading family law attorneys at the Murphy Law Firm today by calling 240-219-5243.
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