Law Office of Roland R. Esparza, P.C. - San Antonio Personal Injury Attorney

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Chris Rock’s prenuptial agreement voided by sunset clause

For many San Antonio couples planning to get married in the near future, the idea of singing a prenuptial agreement may be the furthest thing from their minds. They may feel as though such a document signals that one or both harbor doubts that the marriage will last. However, in looking at the situation from a broader perspective, all a prenuptial agreement does is guarantee that if the marriage does end, both will take out of it whatever they brought in. Those who do choose to draft an agreement should know, though, that certain provisions can leave them unprotected.

This is a fact that comedian Chris Rock has recently learned as he continues to work through divorce proceedings with his estranged wife. The couple did, in fact, sign a prenuptial agreement prior to marrying in 1996. That document, however, included a “sunset clause,” which effectively voided that agreement after the two had remained together for a predetermined number of years. Now, Rock’s ex-wife is asking that he continue to support herself and the couple’s two daughters, as well as the child that she is currently in the process of adopting who grew up in the couple’s home. Rock claims that his soon-to-be ex is able to provide for herself; she, on the other hand, is asking that he continue to allow her and the girls to maintain the standard of living they have grown accustomed to.

One certainly does not want to recall such details of his or her prenuptial agreement only after it is too late to do anything about them. Working with a family law attorney to review an agreement prior to signing it may help one avoid the potential for such unpleasant discoveries.

Source: People Magazine “Chris Rock’s Estranged Wife Speaks Out About Clash Over Child She Says They Raised as Their Own” Dowd, Kathy Ehrich, Nov. 25, 2015

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