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| subject: | Re: ex-wife is entitled t |
S.Taylor wrote: > Yet another example of how the judiciary favors women. > This judge, and those like him, should be dismissed. > > The judge is effectively saying that women are incapable of entering in contracts. This is > also true of children. > > Women are children and should not be permitted to vote. > > > > ================================================== > The State continues to view marriage as prostitution, where men must pay > for sex! > http://news.bostonherald.com/localRegional/view.bg?articleid=61048 > Boston Herald > 30 December 2004 > > Judge to hubby: Forget prenup, pay up > By David Weber > > In a possibly precedent-setting case, the state Appeals Court has ruled > that an ex-wife is entitled to alimony even though she signed a prenuptial > agreement waiving it. > > Donna Austin was 37, and Craig Austin was 35 when they were married in May > 1989, each for the second time. Two days before the wedding, Craig Austin > presented Donna with a prenuptial agreement, which she signed, according to > her attorney, Dana Curhan. > > The Appeals Court upheld the portion of the prenuptial that protected > assets Craig Austin had acquired before the wedding. But it said Donna > Austin's waiver of alimony was not reasonable at the time she and Craig > Austin signed the document. > > "It was unreasonable to expect that his spouse, who then had no assets and > negligible earning capacity, would contribute to the marriage by raising > his child and by supporting his ability to work outside the home, with no > expectation of future support, no matter how long the marriage, and > regardless whether she might never acquire assets of her own," Justice > Fernande Duffly wrote in the court's opinion. > > Craig Austin's attorney, Jacob Atwood, said he will appeal the decision. > Atwood said Donna Austin benefited greatly by receiving "hundreds of > thousands of dollars" in the division of property assets at the end of the > Sandwich couple's 12-year marriage. > > "I think this decision flies in the teeth of the DeMatteo case," Atwood > said, referring to a 2002 Supreme Judicial Court decision upholding > prenuptial agreements except in cases where one of the marital parties was > left with an extreme hardship. > > But Donna Austin's attorney said, "The court is saying that by waiving her > right to alimony, she was essentially waiving her future rights, which was > not a realistic thing to do." Sure it was realistic if a person who has "negligible earning capacity" suddenly can improve their standard of living several times by marrying up! So much for Parg's "sacrifice". regards, Mark Sobolewski --- þ RIMEGate(tm)/RGXPost V1.14 at BBSWORLD * Info{at}bbsworld.com --- * RIMEGate(tm)V10.2áÿ* RelayNet(tm) NNTP Gateway * MoonDog BBS * RgateImp.MoonDog.BBS at 12/31/04 3:03:44 PM* Origin: MoonDog BBS, Brooklyn,NY, 718 692-2498, 1:278/230 (1:278/230) SEEN-BY: 633/267 270 5030/786 @PATH: 278/230 10/345 106/1 2000 633/267 |
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