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Ken Griffin argues prenuptial agreement validly executed

We recently wrote about the ongoing divorce case of Ken Griffin and his wife, Ann Dias Griffin, focusing especially on the issue of a prenuptial agreement the two entered into prior to their marriage in 2003. The agreement has gained significant media attention because Ms. Griffin has alleged that she was coerced into signing the agreement and that she should be able to take away more from the divorce than the agreement would allow her to. A lot of money is at stake, too.

In his response filing, Mr. Griffin recently denied the allegation that his wife was coerced into signing the prenuptial agreement. As support of this, he claims that his wife checked with multiple attorneys before signing the agreement to ensure its fairness and accuracy. This would, of course, tend to weaken the argument that she was coerced into signing since she would have had professional advice in making the decision, though other circumstances may be at play. As we noted last time, she argues that she didn’t have enough time to think over the agreement before the wedding. 

Illinois law, interestingly, does not easily allow couples to throw out prenuptial agreements. Since, 1990, when the current prenuptial agreement statute was passed, there haven’t been too many cases where prenuptial agreements have been tossed aside. What are some of the things that might get an agreement to be thrown out?

Durres or coercion, for one, is a good example, as well as fraud and illegal provisions. The agreement must also be set out in writing and validly executed, which means that it must be properly signed with the correct number of witnesses. Those who are entering into prenuptial agreements need to work with separate attorneys as well, to ensure that they receive appropriate advice for the protection of their interests.

Source: Chicago Sun-Times, “Sneed: Griffin divorce waged with dueling spreadsheets,” Michael Sneed, October 9, 2014. 

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Ken Griffin argues prenuptial agreement validly executed | Peter A D'Angelo, Attorney at Law, PLC