A judge has ruled that a prenuptial agreement signed by a bride three days before her wedding, was done so under duress reports The Courier Mail.
The bride told the court her husband to be told her the wedding would be off if she didn’t sign the prenup and so she felt obliged to do so. The agreement said each spouse would retain their own assets if they separated. At the time the wife only had a car, which has since been sold to pay for the family’s care, while the husband had property and a substantial amount of money.
The court heard the husband now has a $330,000 property, the former matrimonial home worth $725,000 and a business valued at $283,722.
The USA Today, reports that the New Hampshire state Senate voted on Thursday 17 April 2014 to repeal its anti-adultery law, by sending the bill to the Governor Maggie Hassan, who is thought likely to sign it into law. Under the present law, a convicted adulterer can be punished with a fine of up to USD 1,200.
“States’ anti-adultery laws are rarely enforced, a vestige of our country’s Puritanical beginnings”, says Naomi Cahn, a law professor at the George Washington University Law School.
States with anti-cheating laws generally define adultery as a married person having sexual intercourse with someone other than their spouse.
Adultery is not a criminal offense in Thailand, but it can be used as a ground to divorce a cheating spouse. Adultery is also a civil offense in Thailand meaning that an adulterer can be sued in Civil Court by an aggrieved spouse.
An increasing amount of more prosperous divorcing spouses in the UK are avoiding the delays in British divorce courts by choosing to settle their case privately explains The Voice of Russia UK.
According to Voice of Russia, some British attorneys believe that the Family Court system is turning into a two-tier system, with different rules for the rich and poor, similar to UK’s health care system where the UK National Health Service provides free medical services to the masses but the wealthy can opt out to hire private doctorss.
Last year, British Prime Minister David Cameron and the coalition government cut legal aid for divorce. Consequently many people who were unable to afford private attorneys began to act as their own lawyers, which lead to severe delays in the court system. Clients who have the funds to afford a private attorney have greater control over the time, place and even the judge who deals with their case.
Opposing Views recently reported that an American father had been ordered by an appeals court to pay half of his 26 year old daughter’s $225,000 law school tuition fees.
The father, Mr Livingston, agreed to pay half of his daughter’s tuition fees in a divorce settlement in 2009. His daughter then asked him to honor the agreement in 2012 when she was accepted to attend Law school. Mr Livingston responded that he would pay $7,500 and only if his daughter lived with her mother and attended a Law school of his choice.
Mr Livingston’s estranged wife filed and won a lawsuit against him in 2012 demanding that he honor his child support agreement. Livingston recently appealed against the court’s ruling stating that he should not have to honor the divorce agreement because he has become estranged and that he had no involvement in the choice of her Law school.
Mr Livingston may have prejudiced in this decision because of the child support settlement agreement he previously signed. Had there been no signed agreement the Court may have ruled that child support should end when a child reaches the age of emancipation. Chaninat and Leeds Thailand child support attorneys state that in Thailand, the majority (emancipation) age is 20 years old. In US Courts the age of emancipation can vary but is usually considered to be between 18 and 21 years of age. However, in some cases child support obligations may be extended until college graduation.
It seems the UK is closer than ever before to making prenuptial agreements legal.
There have been two different stories in the press this first week of February 2014:
Firstly, that the Matrimonial Property, Needs and Agreements paper is due be presented to the Justice Secretary prior to before Parliament.
The news comes as Family Law Week reports that this week the UK Courts enforced a prenuptial agreement that was being challenged by a wife seeking to overrule the agreement, however the Court decided after a careful review of the agreement, that it should be upheld, moving away from the more traditional stance of English courts in putting prenuptial agreements to one side.
However, it is unlikely this will become officially law until after the General Election which is due to take place next year.
In a Thailand prenuptial agreement, individuals can specify the properties involved and separate them into two categories joint property and individual property. Couples can also specify how finances will be managed during the marriage.