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1 posted on 12/30/2004 8:52:28 AM PST by Radix
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To: Radix

That's bad. The goverment or the legal system shouldn't enforce breach of contract. What happened to the rule of law?


2 posted on 12/30/2004 8:53:49 AM PST by Kurt_D
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To: Radix

Tereeeeza, be afraid, be very afraid.


3 posted on 12/30/2004 8:54:11 AM PST by gov_bean_ counter
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To: Radix

I am not a lawyer but unless she was under some sort of duress when she signed I do not see how this cannot be overturned.


4 posted on 12/30/2004 8:54:28 AM PST by KJacob (Faith is not believing God can. It is knowing God will.)
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To: Radix

Logic test: how is this like abortion?

Dan


5 posted on 12/30/2004 8:54:37 AM PST by BibChr ("...behold, they have rejected the word of the LORD, so what wisdom is in them?" [Jer. 8:9])
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To: Radix

What the hell is the point of a pre-nup if a judge is going to everturn it?


6 posted on 12/30/2004 8:54:55 AM PST by Mears
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To: Radix

Why would anyone with money want to get married?


7 posted on 12/30/2004 8:56:02 AM PST by Hildy ( To work is to dance, to live is to worship, to breathe is to love.)
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To: Radix

Makes sense, I guess. I don't honestly see how a man can expect a woman to stay home raising the kids, and all that related stuff, while he earns a living, then upon divorce expect her to be able to just make a living after not being in the job market for over a decade.

They didn't nullify the whole pre-nup, just a part that was certainly unreasonable, IMHO.


8 posted on 12/30/2004 8:56:05 AM PST by Chad Fairbanks (I'd like to find your inner child and kick its little ass)
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To: Radix
Two days before the wedding, Craig Austin presented Donna with a prenuptial agreement, which she signed, according to her attorney, Dana Curhan.

Presenting a prenuptual agreement just two days priot to the wedding meant she signed it under duress and the prenup should be void on that basis alone.

10 posted on 12/30/2004 8:56:46 AM PST by connectthedots
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To: Radix
If this is NOT overturned the SCOTUS has some 'splainen to do.
13 posted on 12/30/2004 8:57:58 AM PST by taxcontrol (People are entitled to their opinion - no matter how wrong it is.)
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To: Radix

This is the peoples republic of mass, so really no surprise that a court should overturn a legitimate agreement. Especially one involving alimony, as the liberals really love sticking it to men.


19 posted on 12/30/2004 9:00:03 AM PST by Pondman88
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To: Radix

Ah yeas GREED AND LAWYERS.... where you find one you find the other. If the Prenupt is voided by the court then there isn't a single contract that is safe from this.... This is a very bad thing.


20 posted on 12/30/2004 9:00:57 AM PST by Hu Gadarn (Millions for Defense not one cent in Tribute)
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To: Radix
It is somewhat similar to employee non-compete agreements. They can be a real problem and the courts have thrown them out on occasion due to the fact that person has to earn a living and this is their specialty.

Who what the future holds?????
28 posted on 12/30/2004 9:04:30 AM PST by Quick Shot
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To: Radix
Liberal Massachusetts. One state not to live in.

In my opinion, prenups should be upheld. If the other party doesn't like the prenup, they don't have to sign it but it also means there might not be a marriage.

I was married at one time but got divorced. Luckily, I got divorced in Colorado instead of Indiana. Colorado recognizes assets obtained prior to marriage to remain with the given spouse where as in Indiana, everything is considered dividable including inheritances.

If I get married again, I plan on doing a prenup and it would be simple. Whoever owns title to the property keeps it. No alimony especially.
33 posted on 12/30/2004 9:06:11 AM PST by CORedneck
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To: Radix

Sounds like the judges made the right decision in this case.


38 posted on 12/30/2004 9:08:06 AM PST by Tempest (Click on my name for a long list of press contacts)
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To: Radix

We have two things here: (1) An idiot judge; and (2) ingrained societal prejudice (thanks to "feminism") against men and for women. (Speaking as someone who was divorced and got essentially nothing but debt from the marriage after 22 years of marriage. It was the typical roadhouse divorce: she got the house, I got the road.)


70 posted on 12/30/2004 9:24:39 AM PST by DennisR (Look around - there are countless observable hints that God exists)
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To: Radix

The only pre-nup worth a damn is a video version.


80 posted on 12/30/2004 9:36:16 AM PST by Wolfie
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To: Radix

The initial problem was going into marriage with the thought it wouldn't last. Look - it didn't.


82 posted on 12/30/2004 9:37:45 AM PST by AmericanChef
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To: Radix

Gowning flame retardent suit.....

All marriages using prenuptial agreements will need them.


84 posted on 12/30/2004 9:41:26 AM PST by G Larry (Admiral James Woolsey as National Intelligence Director)
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To: Radix

Is your marriage officially valid if the license bearing the wedding witnesses is never filed?


89 posted on 12/30/2004 9:48:44 AM PST by nightdriver
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To: Radix

first mistake: two days before the wedding.
Second mistake: making no "bargain" for waiving rights to alimony. (in exchange for alimony she agrees to X in its place)
Third mistake: No making the agreement adjust for time. No alimony for five years, then some kind of lump sum support based on MARITAL assets.


While this story may be sensational, it fails as usual with the MSM to show that PROPER presentation and drafting and REASONED THOUGHT in such an agrement can get the proper result.

The husband should be looking to the malpractice insurance of the lawyer.


91 posted on 12/30/2004 9:49:41 AM PST by longtermmemmory (VOTE!)
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