Friday, May 23, 2008

Prenuptiual Agreements: You Cannot Lie

Another case where lying about assets backfires, Former Wescast Chairman's Son Fails in Appeal of Divorce Order:

Because Richard Bruce LeVan lied about his assets when he talked his ex-wife Erika LeVan into signing the agreement, a trial judge was correct in voiding it and ordering him to pay her C$6.1 million ($5.99 million) plus C$11,000 in monthly support payments, an Ontario appellate court said today.

``His failure to make full disclosure was a deliberate attempt to mislead his wife,'' Stephen Borins wrote on behalf of the three-judge appeal panel. ``The trial judge's decision to set aside the contract should be upheld.''

Keep repeating this: full disclosure of assets, you got to make a full disclosure.

It might have worked for the husband, except for the following facts:
Erika signed the prenuptial agreement two days before their wedding, after LeVan persuaded her to get rid of her attorney, who had questioned the contract, trial testimony showed.
Be happy if the other party gets a lawyer. If cost was the problem, then the husband needs to total up what his persuading against a lawyer cost him in the divorce.

From this report, I see nothing that would be different under Indiana law. Remember that my office handles all varieties of work related to prenuptial agreements.

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