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LJN NewslettersNewsSectionsThe Matrimonial Strategist

Prenuptial Agreements

BY Paul L. Feinstein
November 29, 2006

When a party to a divorce seeks to invalidate a prenuptial agreement, it often is on the grounds of duress/coercion. Two aspects of that claim that seem to be raised most often are that the wife-to-be was pregnant, and the husband-to-be threatened that without a prenuptial agreement there would be no marriage; and/or that the agreement was signed on the eve of the wedding. Recent cases throughout the nation have demonstrated that courts are reluctant to invalidate agreements on these bases. Some examples follow.

Alabama

In Kilborn v. Kilborn, 628 So.2d 884 (C.C.A. Ala. 1993), the wife-to-be was 17-years-old when she started living with the husband-to-be. Three years later, she became pregnant. Her fianc' said that she would have to sign an antenuptial agreement before the wedding. Her attorney advised her to sign the agreement only with the following qualification, 'Due to duress and being pregnant.' Her husband-to-be did not accept that condition and he refused to go ahead with the marriage. Months later, the wife-to-be contacted another attorney, who also advised her not to sign the agreement. She said that she signed the agreement because she did not want her child to be born out of wedlock. There was an exhibit listing the husband's assets attached to the agreement. It was held that the wife voluntarily signed the agreement with independent advice and full disclosure.

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