The Houston Family Law Blog

Mark Sanford to Live in Appalachians, er, Marry Argentine Mistress

Good old Mark Sanford. Even after lying to his family and his entire state about hiking the Appalachians (when he instead flew to Argentina to visit his mistress), the ex-South Caorlina governor is making his sinful choice right (or, as right as possible) by marrying her.

Over the weekend, Mark Sanford confirmed he was engaged to Maria Belen Chapur, according to The Associated Press. Sanford had been a rising Republican star until his illicit hiking trip took him to his soul mate in 2009. After the affair went public, Sanford divorced his wife.

If Mark Sanford's marriage to his mistress involves a prenuptial agreement, are there any special considerations that need to be made?

The answer to this question depends on where the couple plans to live. This is because their state of residence will likely be where Mark Sanford and his soon-to-be mistress-wife must enforce the agreement itself.

In Texas, the general requirements for a prenuptial agreement are that:

  • The agreement be in writing,
  • Both parties disclose all their assets,
  • It be signed by both parties before marriage, and
  • Each party has his or her own attorney to review the provisions.

While these are the only requirements for the premarital agreement, there are a few issues that could invalidate a prenup aside from not following instructions. For example, if one spouse was pressured into signing the document, or if one party did not get a chance to fully understand the agreement, then it will not be valid.

This type of pressure or misunderstanding could certainly come into play when English is not the first language of one of the parties. Some even recommend having the prenup translated into the native language of the party and having an attorney who speaks that language represent the party who has limited English proficiency.

Nobody says that the second time is the charm, so we'll have to wait to see what happens when Mark Sanford marries his mistress Maria Belen Chapur.

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