|Dallas Divorce Lawyer Scott Downing quoted in Reuters article |
Breaking up is hard to do, breaking prenup is harder
|October 5, 2012 11:42 pm|
(Reuters) - Though it's relatively rare, there are ways to break a prenup.
Agreements are just agreements, after all, says Paul Talbert, a matrimonial lawyer in New York. "The most common way is paperwork mistakes," adds Talbert.
He's had clients come in to divorce and produce a copy of their prenuptial agreements. A form wasn't filled out correctly, and the prenup is derailed, says Talbert.
But if someone says they're worth $400,000 and doesn't report $3 million, that may not go over well with the judge.
R. Scott Downing, a family law attorney in Dallas, Texas, had a client who was able to get her prenup overturned after a court ruled her husband had community property worth millions that he hadn't disclosed to his wife.
One of the husband's downfalls was that he had given his wife a revised prenup on their wedding day. When she said she wanted to call her attorney, he lied, saying that her attorney had said it was okay to sign it.
"People need to know that if you're going to promise somebody a complete disclosure in a prenup, you'd better give it to them," says Downing.
©2012 Thomson Reuters
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