Quote:
Originally Posted by Kevin
I can only answer for what it'd be here in Oklahoma. Which means in many states, even maybe Oklahoma  , the following will be wrong:
Postnuptial agreements are unenforceable unless they are in contemplation of divorce, i.e., an impending divorce. If she agreed to this amount within the context of settlement negotiations of the marital estate, then the deal is enforceable as a contract and can be defended with the sorts of affirmative defenses which would apply in contract law, e.g., fraud, duress, mistake, etc.
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The article said that they married in 2002, and by 2004, the marriage was already in trouble. In Oct 2005, they signed the post-nuptial agreement.
If "court papers show" that the marriage was already in trouble prior to the agreement and divorce, would that possibly be enforceable?