In our previous posts we have talked about how prenuptial agreements could be challenged (and ultimately overturned) if they were challenged in court. Essentially, a court could set aside a prenuptial agreement if it is shown that one of the parties signed the agreement under duress, or clearly did not have time to contemplate the agreement. (For those who read our post on prenup etiquette, you will recall that these were two important mishaps to avoid).
We find it fitting to revisit the topic since news about the prenuptial agreement signed by Bethenny Frankel and Jason Hoppy may actually be an issue in their divorce. Frankel wants the court to enforce the agreement, which essentially protects the fortune she amassed by selling her Skinnygirl margarita brand, writing four books (one of which became a best seller) and the royalties from her talk show and past reality show appearances.
While news about the specifics of the prenup have not been made public, challenges to prenuptial agreements can be expected, especially within the throes of a high asset divorce with millions of dollars at stake. After all, Frankel's fortune certainly increased during the course of their marriage, and Hoppy may believe that he is entitled to a portion of it.
Time will tell as to whether the prenuptial agreement will be deemed enforceable. Our message to our readers is that if you are considering a prenup, it is prudent to discuss it with an attorney so that you understand all the legal implications.
Source: US Weekly.com, Bethenny Frankel's husband Jason Hoppy files aggressive new divorce papers, January 24, 2013