Marriages between any two people should start off on a very positive and hopeful note. However, life after “I do” is incredibly unpredictable. This is why many people often choose to take some control right from the beginning by having a prenuptial agreement in place.
Prenuptial agreements set rules and establish financial limits should the marriage come to an end. For many people, this can provide a great sense of relief and make the transition out of marriage easier and less combative. However, in other cases, a prenuptial agreement if challenged is an obstacle that needs to be resolved in the divorce proceeding. For example, if a prenuptial agreement is unconscionable at the time of divorce, was not entered into voluntarily or there was a failure to disclose fairly all assets and debts, the agreement may be challenged.
This appears to be the case with the divorce between actress Stephanie March and her husband, celebrity chef Bobby Flay. The couple had been married for 10 years before calling it quits. Now they are involved in a dispute over the prenup that is in place, which states that Flay will pay March a one-time payment of $1 million and $5,000 every month.However, since the pair was married, March has evidently struggled with serious health problems that prevent her from working. Her position is that she would be at an enormous financial disadvantage if the prenup was enforced.
In California, any provision in the prenuptial agreement regarding spousal support is subject to review by the court, if challenged. The determination must be made whether such an agreement was unconscionable at the time of signing or at the time of enforcement. Every state has different rules with regard to reviewing whether the prenup is valid.Flay is attempting to discredit March in an effort to keep the prenup intact. He says that her health problems stem from elective, cosmetic surgery she got. March, on the other hand, says that her health problems are legitimate and have even been exacerbated by news that Flay was unfaithful during their marriage.
This case might serve as a reminder to readers about one of the reasons that a prenup could be challenged, which is something that many people end up having questions about when a marriage ends badly. What may have seemed fair at the beginning of a marriage may no longer feel appropriate, especially in light of negative behaviors or unforeseen circumstances that contributed to the demise of a relationship.
If you have questions about challenging or enforcing the terms of a prenuptial agreement, you can discuss the specifics about your case with an attorney familiar with the reasons why a prenup may be invalidated.