It’s been a number of weeks since news broke of Sherri Shepherd’s impending divorce to husband Lamar Sally. For those of our readers who have not followed the story, Sally initially filed papers to initiate a legal separation, and to have the prenuptial agreement the two had signed invalidated on the basis of fraud.

As part of the agreement, Sally reportedly agreed to be paid a lump sum settlement in lieu of a portion of the parties’ income earned in the last year. He also is said to have agreed to give physical custody of the parties’ child (which is being carried by a surrogate) to Shepherd. Sally is contesting both portions of the prenup.

Meanwhile, Shepherd has filed divorce papers of her own, ostensibly asking a family court judge to enforce the provisions of the prenup.

While the parties have been mum since the story first broke, it is an important reminder of how prenuptial agreements can be challenged in some circumstances. One of the requirements for a prenup to be valid is that both parties must disclose all of their assets in good faith. While it remains to be seen what facts will be articulated to support Sally’s fraud claim with regard to the prenup, courts have thrown out these agreements (or at least portions of them) when an unwitting party has signed one.

As such, couples who are contemplating a prenuptial agreement in anticipation of marriage, it is important to consult an experienced family law attorney to learn about their rights and options. 

Source: People.com “Sherri Shepherd’s husband files for separation, seeks custody of their unborn child,” K.C. Blumm, May 9, 2014