Timing May Be (Almost) Everything When It Comes to Classifying Property as Marital or Not

Older Woman and Younger Man start a brief relationship, and Older Woman becomes pregnant.

Older Child is born and couple breaks up. Amicably.

A couple of years later, Older Woman wins the lottery and becomes a millionaire – twelve times over.

The following year, the couple takes a vacation together with Older Child and … Older Woman gets pregnant, again.

They discuss marriage.

But Older Woman insists on entering a prenuptial agreement to protect her winnings.

It is apparently consistent with the testimony of both in the Australian family court that Older Woman transformed into a name-dropping socialite.

Younger Man consulted with an attorney and did agree to enter the prenup.

The couple did marry.

And the marriage ultimately did not work out.

During the divorce, Younger Man attacks the prenup as coerced.

In particular, Younger Man testified that Older Woman taunted that she would block Younger Man’s access to their children if he didn’t sign the prenuptial agreement.

The Australian family court judge found Younger Man more credible and likeable than Older Woman.

But the law is the law. The lottery was separate premarital property to begin with.

The Younger Man felt free to consult with an attorney, and did so.

And already successfully took Older Woman to court over co-parenting issues with Older Child.

So, on top of everything else, the asserted coercion fell flat.