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Celebrity divorces this summer have been in the news and now resulted in questions about strength of prenuptial agreements.
With a big split of Sofia Vergara and Joe Manganiello, although assumptions have been made about their prenups, anytime there’s a spouse earning $30 million more than their married partner, terms may be viewed as unfair and potential litigation could follow.
Attorney Brian Karpf, chair of American Bar Association’s Family Law Section, explains that prenuptial agreements sometimes can land in court if a married spouse believes the agreement is unfair or otherwise should be set aside under applicable statutory factors. In many states, a prenuptial agreement may be determined invalid if a court finds it to be unconscionable or if there was a lack of financial disclosures.
“One example of an unconscionable prenup would be if it is so one-sided that that the Court would question the circumstances of its signing and something the other party would agree to such terms,” offers Karpf, managing partner with law firm Young Berman Karpf & Karpf. “If there’s a risk of the prenuptial agreements being setting aside by a judge, then the spouse seeking its enforcements may wish to pay something beyond what is in the agreement to avoid a prolonged legal battle.”
“In this case, there is the possibility that if Sofia Vergara wishes an expeditious divorce, she may consider providing her soon to be ex-husband Joe, a going-away present,” adds attorney Karpf, who is recognized as a preeminent family law advocate.
Another divorce of actor Kevin Costner and Christine Baumgartner has also made headlines during these slow months for the film industry due to strikes by writers and actors. A third celebrity divorce of Reese Witherspoon and Jim Toth settled this month without a prolonged court battle which may not be the case for Vergara and Manganiello.
Karpf, who practices in Miami, Fort Lauderdale and West Palm Beach, may be found at www.ybkklaw.com
