David Allen Legal Tuesday: Postnuptial Agreement Prevents Divorce , Yet Husband Seeks Divorce
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Attorney David Allen reviews a case in which a Virginia couple, Rebecca and Joseph, Inc. Into postnuptial agreement. Joseph promised not to seek a divorce for 20 years so Rachel would continue to be covered under the health care plan of Joseph’s employer. Joseph did seek a divorce. His wife argued he could not in view of the provisions of the postnuptial agreement. He argued that the provision was enforceable since the agreement anticipated the possibility of divorce. Virginia Court of Appeals finally decided the case.
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