Opposition to Enforcement of Prenuptial Agreement

Marcia J Mavrides

Case Conclusion Date:January 1, 2009

Practice Area:Divorce / Separation

Outcome:favorable to client-wife

Description:This firm represented a wife who opposed the enforcement of a prenuptial agreement. Since the determination of which assets should be divided rested on whether the premarital agreement should be enforced, the divorce trial was bifurcated into two stages: First there needed to be a determination of validity of the prenuptial agreement in order to ascertain which assets would be included or precluded from division with wife; second, the actual divorce trial in which the identified assets would be included or excluded from the division between husband and wife. After the first stage of the trial completed, the court concurred with Mavrides' client's position that the prenuptial agreement not be enforced as there were numerous drafting and execution deficiencies. Thereafter, all marital assets, including the ones the husband attempted to preclude from division, were divided equally with wife.

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