Sometimes a divorce is just waiting to happen. It's like you know it's coming, but for some reason the couple can't see it. You know you've seen it at least once in your life, even if it was just a break-up.
Finally, ex-NFL star Chad (formerly "Ochocinco") Johnson has admitted to himself that his marriage to Evelyn Lozada is not salvageable. He has filed divorce papers in a Florida court, according to TMZ. Johnson also requested that the court deny Lozada's request for attorneys fees because the couple's prenuptial agreement allegedly stated that both parties would pay for their own legal fees.
How can you make sure that your prenup holds up in court?
A prenuptial agreement is a great way to make clear how property is classified. This can protect a party's assets in a divorce like Johnson's. It can also insulate a party's assets from certain risks involved with a business or other debts.
A prenup is similar to any other contract. However, there are certain steps that need to be taken to ensure that it will be enforceable when the time comes.
The first step is to make sure that there are no unenforceable clauses in it. Unenforceable clauses can include things like child support, a waiver of alimony, or clauses that require specific personal behaviors. This means that you can't contract to make your husband put the toilet seat down, or use a prenup to guarantee a "guys' night out" every week.
Once the details are figured out, the prenup must be in writing and voluntarily signed by both parties. But a prenup can still fail if one party has not provided a full disclosure of property and financial obligations, or did not waive the right to have that disclosed.
As long as Chad Johnson and Evelyn Lozada's alleged prenup met the requirements of Florida law, it looks like they'll both be paying their own legal fees and whatever other property split they devised -- although it seems like it would hardly matter, since they were married for all of two months.
- Need a Houston Family Law Attorney? (FindLaw)
- Can Prenuptial Agreements Help You? (FindLaw)
- Postnuptials and You: It's Not Too Late If You Don't Have a Prenup (FindLaw's Houston Family Law Blog)