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Prenuptial agreement questioned in Kevin Garnett divorce

When couples in Virginia and across the country choose to marry, they often take steps to plan for the future. For many, this includes the creation of a prenuptial agreement, which allows them to have an open line of communication regarding their financial situation and what will happen in the event of a divorce. However, there are certain issues that could leave a prenup vulnerable to a successful challenge in the event the marriage ends in a divorce.

In fact, the prenuptial agreement between former NBA player and his estranged wife is now being questioned. His wife filed for divorce earlier this year and requested physical custody of the children in addition to child and spousal support. A temporary agreement leaves Garnett paying approximately $100,000 in combined support.

However, Garnett argues that the prenuptial agreement they signed a month before their marriages includes provisions that indicate no spousal support will be paid. However, his estranged wife claims that the terms of the agreement are unconscionable. Additionally, she argues that Garnett's failure to appropriately fund a joint account of which she was to receive half in the event of their separation means that he has breached the terms of the agreement. 

There are a variety of different factors that could impact the enforceability of a prenuptial agreement in Virginia in the event of a divorce. Often, having an experienced family law attorney involved in the creation of such agreement can help ensure that the terms are fair and enforceable. However, such a professional can also help in the event a challenge occurs regardless of whether the argument is for or against the existing agreement.

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