Actor Jeremy Renner married Canadian model Sonni Pacheco in 2014, but now media reports state that Sonni Pacheco has filed for divorce from Jeremy Renner. Evidently, Renner and Pacheco entered into aprenuptial agreement which Pacheco wants set aside — voided — based upon fraud.
Setting Aside or Voiding A Prenputial Agreement
For those interested in an answer, or commentary and perspective, on how to void a prenuptial agreement, read on.
- Prenuptial agreements are a contract
- In some states, before you sign a prenup, each side must disclose financial assets to the other
- But the “before marriage” financial disclosure is not required in some states, like Florida, because in Florida, the law does not create a fiduciary duty between people who are simply, or merely, about to get married
- When negotiating a prenuptial agreement, people are allowed to negotiate at arms length
- Like most contracts, prenups can be set aside, either in whole or in part, based uponfraud, or undue influence
How Do You Prove a Prenup Was Obtained by Fraud?
- Proving that a prenup was entered into based upon fraud is very, very fact specific. In other words, Sonni Pacheco is going to need to prove, for example, specific statements made by Jeremy Renner, which she relied on, or documents, or certain actions or circumstances, which amount to, for example, a lie or non disclosure, or the hiding of some facts which should have been, or were required to be, disclosed.
- Undue influence is actually a species of fraud (ask any Palm Beach probate litigator that)
- So, the question becomes, what “fraud” does Sonni Pacheco allege that Jeremy Renner committed upon her that would allow a court to void the prenuptial agreement?
- Finally, most prenups are required to be “fair” or “reasonable” both at the time they are signed, or entered into, and at the time of enforcement, in this case divorce.
- When Renee Zellweger divorced Kenny Chesney, didn’t she claim fraud….after ….. a very short marriage, also?
- Sonni’s biggest challenge in voiding the prenup? TThe fact that her marriage to Renner is only months long. Even if she wins and has the prenup over-turned, how much more will a divorce court judge give her? I mean, what’s a fair and equitable distribution of “marital property” over a marriage that is only days old?
- The greatest concern to the judge who will hear this case? Other than principles of contract law and California family law, it is: the best interests and well being of their child
- Who stands to gain the most? The trial lawyers !
Here’s a link telling you more about Jeremy Renner and Sonni Pacheco’s filing for divorce: https://celebrity.yahoo.com/blogs/celeb-news/jeremy-renner-s-wife-files-for-divorce-after-10-months-of-marriage-201028145.html