According to a 2010 survey of the American Academy of Matrimonial Lawyers, 73 percent of divorce lawyers reported increased demand for prenuptial agreements in the past five years. Middle-class couples were reported as most often seeking a prenuptial agreement.
The survey was disclosed amidst speculation that Britain's Prince William may ask his fiancée, Kate Middleton to sign a prenuptial agreement. The rumor was sparked by an October 2010 decision by the U.K.'s Supreme Court ruling in favor of enforcement of a prenuptial contract for the first time.
- Lack of disclosure of assets, or inaccurate and/or unfair disclosure;
- Proof the an agreement was not entered into voluntarily—that there was coercion or undue influence. This argument often arises when the prenup is not presented until just before the wedding;
- Unequal bargaining power; lack of capacity to read and/or understand the terms. This argument often arises where the person demanding the prenup doesn’t make sure that the other party has his or her own attorney;
- Using the same lawyer;
- Unforeseeability. In one Michigan case, the court ruled that it was foreseeable that the couple having less than $30,000 in assets could contract “to be captains of their own ships” and that the husband could walk away from the marriage with millions, even though the wife paid most of the marital expenses throughout the marriage. An example of circumstances that at signing of a prenuptial agreement were not foreseeable might be one of the parties to the marriage winning the lottery.
Princely Prenup? U.S. Lawyers See Rise in Requests for Asset Protection, ABA Journal, Posted March 1, 2011 By Richard Acello