guru1000
Master Don Juan
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Very nuanced discussion. Need specific examples, to read the prenups in question, the legal arguments and adjudicated findings as to why theI was well protected by my prenup and it was an amicable divorce so I was totally unscathed.
I do know of a couple of others who did not fare so well even with a prenup.
the prenup was set aside. Specifically what the prenup lacked which merited its vacature.
Courts abide by operating case law of the
State of jurisdiction. If the courts don’t which does happen, court decisions, too, can be set aside by motion to reargue or renew, to modify, or by appeal.
Though this does not mean that strong prenups by the best lawyers are fool proof, as you have other governing factors such as future financial or other behaviors that contradict the prenup, and presiding case law (for the state) changing.
Though, It could be well argued that There is also no foolproof method by not getting married (especially in cohabitating LTRs), even in a non-common law state, as a skilled litigant could attempt to create and enforce a contract of financial responsibility (by promises especially where the evidence demonstrates, e.g. “palimony”) where there was no paper contract and tie up income/assets in abeyance for 5-10 years while incurring costly litigation, even if one ended up victorious.
Becoming a skilled judge of people, you can see which types are more likely to create these litigious encumbrances.