'RHOA's' Kandi Burruss, Todd Tucker's Prenup Dust-Up: 3 Legal Lessons
"Real Housewives of Atlanta" star Kandi Burruss and fiance Todd Tucker finally tied the knot on the finale of their spin-off show "Kandi's Wedding," but not before a contentious prenup dispute almost caused the couple to call it off.
Tucker, who had previously balked at signing what he considered an unfair agreement, relented after Burruss agreed to make revisions to certain terms of the prenup, reports Radar Online.
And although there was doubtlessly a little made-for-TV drama involved in this case, here are three lessons that can be learned from this prenup dust-up:
- Both sides need lawyers. Although spouses share the same legal interests in many situations, negotiating a prenup is best done with separate counsel for each side. In some states, a spouse not represented by separate counsel must sign a waiver of counsel or the agreement may be invalidated. In this instance, both Tucker and Burruss had attorneys who were able to advocate for their client's interests and ultimately come to an agreement that worked for both parties.
- What can and can't be in a prenup? Many people believe that prenups are all about money. And while money is certainly the main concern of most prenuptial agreements, there are many other things that can be included in a prenup, as well as many things that can't. According to gossip site Reality Tea, one of the contentious clauses in Tucker and Burruss' prenup was one that required Tucker move out of the couple's house within 30 days of any divorce; clauses such as this that deal with the distribution, ownership, or characterization of property following a divorce are generally valid. So what can't you put in a prenup? Generally, a prenup cannot make rules about personal rather than financial matters such as who has to do what chores and how any children will be raised.
- A prenup execution/agreement video may not be a bad idea. In the finale, when Tucker ultimately decides to sign the prenup, Burruss' lawyer has him verbally agree to the provisions of the agreement and sign it while being videotaped:
This is becoming increasingly commonplace. There are legal videography services that specialize in documenting the execution of agreements such as prenups and wills. Video evidence can be especially useful if the agreement is ever contested in court; it can offer proof that the agreement was not signed under duress or by mistake.
If you have questions about drafting a prenup or a postnuptial agreement, an experienced family law attorney can make sure it gets done right.
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