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Ex asks Big Bang star for support, despite prenup

California couples with a high-net worth are the classic examples of those who create prenuptial agreements. Celebrities are the perfect example of those who we all know include prenups as part of their marriages. Big Bang Theory star Kaley Cuoco is no exception to that family law trend. 

Forbes covers Cuoco's current divorce from her estranged husband, tennis player Ryan Sweeting. Cuoco and Sweeting have a prenuptial agreement that they created before their marriage in 2013; that doesn't mean Sweeting isn't challenging the terms of the divorce and their reported prenup.

It is surprising, given that the couple has a prenuptial contract, that Sweeting would challenge it. In California, such agreements are generally only successfully challenged if certain legal conditions are met: 

  • Sweeting didn't have his own attorney present during the signing of the contract.
  • There wasn't a long enough waiting period between the writing and the signing of the prenuptial agreement (7 days at least).
  • The enforcement of the prenup would now be "unconscionable," given current circumstances.

Reports suggest that a couple of the basic aspects of Cuoco and Sweeting's prenuptial agreement are that she wouldn't owe him support or legal fees should they divorce. Now, Sweeting is requesting both support as well as legal fees from the highly-paid actress. Whether his requests are approved will depend on the above-listed factors. 

The one of those factors with a greater chance of prevailing based on Sweeting's current circumstances is the "unconscionable" factor. Have circumstances changed so much for the tennis player that it would be unreasonable for him to abide by the terms of the prenup? He's reportedly sustained injuries throughout the course of the marriage, which can clearly impact an athlete's ability to earn a living. Therefore, a judge could decide that he is now in need of some support, even for a limited time. 

Though this is a celebrity divorce case, it highlights important rules that apply to anyone's prenuptial agreements in California. Those considering a prenup or challenging the points of their contract should talk with a divorce lawyer about how to legally protect their interests. 

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