After 20 years of marriage, Teresa Giudice from 'The Real Housewives of New Jersey' is getting a divorce from her husband Joe Giudice.
According to TMZ, Teresa recently declared that Joe forced her to sign a prenup 1 week before their wedding. Teresa claimed that she initially resisted signing the document and insisted to add a 'no cheating' clause to the document to invalidate the entire prenup if Joe ever cheated on her. However, evidence of this addition is unclear as Teresa allegedly never read the prenup before signing it and probably didn't even know the terms of the document. Teresa's revelation may hint at some serious issues with the document's validity.
In Ontario, a court may use a marriage contract, or prenup, to address issues such as property division, child support, and spousal support. Courts typically do not interfere with the provisions of a marriage contract. However, a marriage contract can be set aside under certain circumstances. For example, where one party signed the contract under duress and did not receive adequate financial disclosure during the contract's negotiation. It is important to remember that per section 56 of the Family Law Act in Ontario, the law of contract still applies to pre-nuptial agreements.
Competent Asset Division Attorneys
At Feldstein Family Law Group P.C., our lawyers can help you and your partner create a legally sound prenuptial agreement. We are well-versed in all aspects of asset division and can help you ensure your document is valid in the eyes of a court.
Call our firm today at (905) 581-7222 or contact us online for a complimentary consultation.