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In Re Marriage of Faso (Cal. Ct. App. - Jan. 11, 2011)

By Shaun Martin

Would-Be Husband is a couple of decades older than Would-Be Wife.  They decide to get married.  Husband is worth over $30 million, and everyone wants a prenup.  Both parties get counsel.

The parties and their counsel heavily negotiate the thing.  Heavily.  They go through four or five different drafts.  At the end of the negotiating process, Wife says:  "You're not generous enough.  I'm calling off the wedding."  Husband thinks:  "I've got a plan.  The statute requires a seven-day waiting period in order for a prenup to be valid.  Even though it's been seven days since the first draft, it hasn't been seven days since the last draft, so I can sign Wife's proposal without it being binding.  Yay!"  So Husband and Wife sign.

With a negotiation process like that, how shocking the marriage only lasted 18 months.

Oh, and for what it's worth, the Court of Appeal holds that Husband's wrong.  Since he had a lawyer, the prenup is valid.  Wife's strategy was better than Husband's.

Ah, True Love.

Full post as published by California Appellate Report on January 14, 2011 (boomark / email).