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by prirun 1245 days ago
> There are prenups, which I believe would be wise for any couple to create (together), and especially important in this type of arrangement.

Judges can override prenups. I just did a little Google research, and just under 50% of prenups are invalidated during divorce.

1 comments

They can't override prenups. They can invalidate prenups, or portions of the prenup for specific reasons. I couldn't find the stats that you mentioned. I would guess that number included specific provisions that were invalidates, such as custody arrangements, which are outside the scope of a prenup.
Look up "Second Look Doctrine"
Yeah, again, they can invalidate portions of the prenup for specific reasons. In the case of second look, that reason would be if the terms are considered unreasonable at the time of divorce. So it is fairly open ended due to "reasonable" being subjective based on the judge (or master) that you get. But the use of this doctrine is supposed to be pretty limited and should only be applied if the terms were egregiously lopsided or a significant life event occurred (disabled spouse).