Postnuptial Agreements Archives

Maryland State Appeals Court Rules That a $7M Adultery Penalty in Postnuptial Agreement Is Enforceable.

March 1, 2023

Assets/Debt/Property, Court Orders, Extramarital affairs/Adultery, Infidelity, Postnuptial Agreements

Court of Special Appeals, extramarital affair, postnuptial agreement

On October 26, 2022, the Maryland Court of Special Appeals ruled against a husband who claimed that the infidelity penalty in a postnuptial agreement between him and his wife was void because it lacked consideration, was unconscionable and was the…

How do you protect your assets from divorce, lawsuits, etc.?

How do you protect your assets from divorce, government confiscation, lawsuits, garnishments, or seizure? Best way: own nothing. The government (in all its forms) cannot seize from you that which you do not own. Downside: when you own nothing, you…

I suspect my husband fathered a child with someone else. Can I challenge our divorce ruling?

If I suspect my ex-husband fathered a child with someone else while we were married, can I challenge our divorce ruling? If, by this question, you mean that you are the wife; and you discovered, after you divorced, that your…

Martin v. Kristensen – 2019 UT App 127 – divorce and unlawful detainer

August 7, 2019

Divorce Utah

Attorney Fees, Divorce Costs, Divorce Law, Divorce Mistakes, Expert Witnesses, Finances, Marital Home, Marital Property, Postnuptial Agreements, Prenuptial Agreements, Real Estate/Real Property, Utah Court of Appeals Decisions, Utah Law

appeal, attorney's fees, divorce, unlawful detainer, Utah Court of Appeals

Martin v. Kristensen – 2019 UT App 127 THE UTAH COURT OF APPEALS YVONNE MARTIN, Appellant, v. PETTER KRISTENSEN AND FRANK O. KRISTENSEN, Appellees. Opinion No. 20160265-CA Filed July 26, 2019 Third District Court, Salt Lake Department The Honorable Todd…

Are a prenuptial agreement and real love mutually exclusive?

July 18, 2019

Divorce Utah

Postnuptial Agreements, Premarital Counseling, Prenuptial Agreements

adversarial, antenuptial agreements, distrust, postnuptial agreements, prenups, prenuptial agreements, trust

Do you believe a prenuptial agreement and real love between two people are mutually exclusive? Kind of. And for the obvious reason implicit in the question: what kind of chance does a marriage have, if the couple has already planned…

Why are prenuptial agreements not required for all marriages?

August 6, 2018

Divorce Utah

Postnuptial Agreements, Prenuptial Agreements

antenuptial agreements, divorce, premarital agreements, prenuptial agreements, trust

Why are prenuptial agreements not required for all marriages prior to getting a marriage license since divorces are about dividing assets and determining child custody/support? Wouldn’t this help make divorces easier and help avoid doomed marriages? They could be, but if…

Gerwe v. Gerwe (2018 UT App 75) setting aside postnuptial agreement

May 1, 2018

Divorce Utah

Dirty Tricks, Divorce Procedure, Postnuptial Agreements

Gerwe v. Gerwe – 2018 UT App 75 – THE UTAH COURT OF APPEALS SHANNON OLIVIA GERWE, Appellee, v. BRIAN SCOTT GERWE, Appellant. Opinion No. 20160117-CA Filed April 26, 2018 Second District Court, Farmington Department The Honorable Thomas L. Kay No. 144700123…