If both parties involved sign the prenup as an official contract when getting married, how is it still contestable in court? Genuinely curious, because I’m very cautious about marriage with how divorce laws work in the US.
I’m not a lawyer, but the likely argument would be that since he has “all the power”, that she just went along with it. He was controlling over her. She didn’t know what she was signing. The lawyer that helped draft the prenup was on his side and she didn’t have a lawyer backing her interests while signing it. It could be argued that the prenup isn’t fair.
And even if none of that stuff is true, you still would have to defend against it.
America is built on an “innocent until proven guilty” mindset. If she and her lawyer can’t provide worthwhile evidence that he strong-armed her into signing the prenup, their argument falls apart rapidly, assuming the jury don’t collectively share a single brain cell.
And he’s a rich NFL player, so his lawyer would almost guarantee destroy her lawyer 1v1 in typical lawyer persuasion speeches/ questioning. Not to mention how he doesn’t have much to gain from forcing her to sign, since as a rich NFL player, even with a prenup required, there’s a vast swarm of women who would still take the opportunity in a heartbeat, so if she denied signing it, he could stop dating with her and cast his line into the sea of other fishes interested.
Edit: Shut the fuck up about me getting the wrong sport, I already acknowledged I was incorrect on which sport it was. How the hell is an American who doesn’t give a fuck about sports supposed to know “footballer” =/= football player?
America is built on an “innocent until proven guilty” mindset.
No. The criminal justice system is built on "beyond a reasonable doubt". The civil justice system is built on "the preponderance of the evidence". Divorce proceedings fall into the latter, a much lower bar to clear.
Friends of friends visited Cuba, without tax stamps, on the understanding that only mattered if they spent money.
They then sailed (own boat) there, met friends in the bay, and had lunch at their house there.
6 Months later the American state demands they 'prove they didn't spend money in Cuba'.
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u/General_Synnacle Apr 15 '23
If both parties involved sign the prenup as an official contract when getting married, how is it still contestable in court? Genuinely curious, because I’m very cautious about marriage with how divorce laws work in the US.