Monday, April 27, 2015

Rehearing of Interest

The Mississippi Supreme Court decided Sanderson v. Sanderson located here back on December 11, 2014.  The part of the case that has potentially opened Pandora's box is that the court reversed the case in part for the trial court to consider whether the prenuptial agreement was substantively unconscionable.  A rehearing on the case has been filed here.  There are several really good policy arguments in the rehearing.  The decision certainly makes it more difficult to draft and advise a client on a prenuptial.  If rehearing is not granted, I suspect the only way to make one ironclad is to have it approved by the court prior to the marriage. 

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