Prenuptial agreement may not control in cases of annulment

Any Illinois residents who follow this blog regularly will know that recently the firm discussed Kourtney Kardashian’s request for a prenuptial agreement with her soon-to-be husband, Scott Disick. And, as we’ve all known for some time now, Kourtney’s sister Kim is also going through some major life changes regarding her marital status.

Kim’s divorce from Kris Humphries has been especially rocky because of a dispute over the former couple’s prenuptial agreement. Kim believes that she is entitled to a traditional divorce and that the prenuptial agreement should stand. Humphries, however, wants an annulment. He claims the marriage was based on fraud. To date, though, Humphries’ attorney has been unable to provide proof of fraud.

In all likelihood, both sides are trying to frame their particular arguments in order to protect their assets. Depending on how the case is decided, each party is likely entitled to a considerable amount of marital property.

While it remains unclear what the exact breakdown would be in this case, if a marriage is annulled, the parties are likely to keep what they started with, as opposed to proceeding according to the prenuptial agreement. Although the agreement is an attempt to be fair to both sides, if there are changed circumstances, one side may believe that the agreement is no longer fair or that he or she is entitled to increased assets.

Divorce is never what you would call an “easy” process. No matter the degree of complexity involved in dividing marital property, Barrington residents who are considering divorce would do well to seek the proper legal support.

Source: WAND 17, “Kim Kardashian divorce inches toward trial,” Anthony McCartney, Nov. 28, 2012

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Prenuptial agreement may not control in cases of annulment