Prenuptial agreement battle brewing in “The View” co-host’s split

Posted by Lauren S. CohenMay 28, 20140 Comments

It appears that TV personality Sherri Shepherd and her husband are headed for a divorce, and that a prenuptial agreement the couple has will be one of the points of dispute in this divorce.

Shepherd is a co-host on “The View.” She and her husband got married in 2011.

Earlier this month, a petition for a legal separation was filed by Shepherd's husband. Purportedly, it is expected that this filing will be converted to a divorce filing once a certain residency requirement is met.

Since then, Shepherd submitted her own court filing; she has filed for a divorce.

Based on the content of this pair of court filings, it appears that a battle over a prenuptial agreement is brewing.

The estranged couple has a prenuptial agreement which has terms which set the amount Shepherd's husband is to receive in a divorce that occurs two to five years into the marriage at $60,000.

When a couple that has a prenuptial agreement regarding financial matters get divorced, the terms of the agreement generally will control what happens finance/property-wise in the divorce. However, there are certain things that can make a prenuptial agreement void and unenforceable, and thus are grounds to challenge the agreement. One of these things is fraud.

Shepherd's husband has alleged that fraud occurred in relation to the couple's prenuptial agreement and, in relation to these allegations, is arguing that the agreement's terms should not be enforced in the divorce. The TMZ article which reported this story did not have specifics on the fraud allegations.

Shepherd, on the other hand, is arguing that the prenuptial agreement is valid and that it should be enforced.

One wonders what will ultimately be decided regarding the enforceability of the prenuptial agreement.

Prenuptial agreements can have major effects on what happens in regards to property division and other major financial issues in a divorce. Thus, the issue of whether a given prenuptial agreement is valid can be a very impactful one in a divorce. Individuals who are in disputes regarding the validity of a prenuptial agreement may find having a strong and experienced family law attorney in their corner helpful.

Source: TMZ, “Sherri Shepherd – You File for Divorce I File for Divorce,” May 12, 2014TMZ, “Sherri Shepherd – Husband Files for Legal Separation,” May 9, 2014