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To: jude24
I haven't taken Contracts yet, but I understand that the court may rescind a one-sided contract, which this certainly was.

It was not a one-side contract. It was a contract that allocated risk. In this case, the risk of potentially having to pay alimony was waived. In return, the guy agreed to marry her. Without waiving alimony, there would be no wedding. Its really no different than a construction contract whereby each party takes on different risk, and therefore, each party gets a different degree of reward.

119 posted on 12/30/2004 10:08:25 AM PST by Go Gordon (If at first you don't succeed...skydiving is not for you.)
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To: Go Gordon
The prenuptual contract is distinct from the marriage contract. The guy agreeing to marry her in return for the consideration of waiving the rights to alimony doesn't work.

The prenup is one-sided precisely because, in return for giving up the right to alimony, she got nothing in return in the prenup.

Of course, a real lawyer who took Contracts will probably want to weigh in and say whether or not I'm right.

126 posted on 12/30/2004 10:14:49 AM PST by jude24 ("To go against conscience is neither right nor safe." - Martin Luther)
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To: Go Gordon

The courts are fairly straight when it comes to timing of pre-nupt agreement presentations.

Two days or two hours that is not reasonable. In this case two days was not a reasonable amount of time to seek independent legal counsel to review the agreement and negotiate any additional terms or conditions. There is an element of reliance in the days leading up to the wedding.

The EXACT SAME agreement might have survived if he had presented it to her three months instead of two days.

BTW the keeping of his properties before marriage is no biggie and in and equitable distribution state would be done without the pre-nup. (for example if his house from before marriage is worth $100k at the time of marrige he would keep the $100k value of the house and divide any increase in value during the course of the marraige. So if the house is now worth $120k she would be entitled to $10k of that value)


146 posted on 12/30/2004 10:30:25 AM PST by longtermmemmory (VOTE!)
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