Many people in California who are protecting themselves against the idea of their marriage failing and a divorce taking place will formulate prenuptial agreements. For those already married and want to get that same protection, they will seek postnuptial agreements. Regardless of when the agreement is crafted, these can often be a source of dispute at the end of a marriage. This can come about for a variety of reasons, including a lack of knowledge about how the agreement will affect them or a change in financial circumstances. This is not limited to people with significant income and assets. The issue can arise for anyone, and it is imperative to have legal assistance to deal with it.
The divorce between Lisa Marie Presley — the daughter of the famed performer Elvis Presley — and her estranged husband is in dispute because the husband is not getting spousal support due to a postnuptial agreement he had signed. The agreement, signed in 2007, says that he is not supposed to receive spousal support should the marriage end in divorce. Ms. Presley’s attorney says that the assertions that the husband was disadvantaged when he signed the agreement should not be accepted because it is not an unfair agreement. The husband’s lawyer says that the purpose of the agreement was self-interest on the part of Ms. Presley.
Ms. Presley, 50, initially sought her divorce in June 2016. The couple has 9-year-old twin girls. Her husband, 57, believes the agreement is invalid because he was not aware of what was in it and Ms. Presley gave him nothing in exchange for agreeing not to request spousal support. He claims to not have read the two separate agreements he signed in 2007. Her attorney says that he was responsible for reading and understanding it. His attorney says that Ms. Presley was obligated to provide something for him signing it. Prior to the marriage, he had worked as a musician and producer and surrendered that career in favor of the marriage.
One of the most common issues in dispute when a California couple divorces is spousal support. Combine that with prenuptial agreements or postnuptial agreements and a relatively prominent and well-off couple and it can be a lengthy and contentious process. These types of disagreements can be costly and time consuming. Those who are concerned about these agreements and their validity should make certain they are protected. A qualified and experienced divorce lawyer should be called for help.