Jeremy Shockey Dodges Bullet With Airtight Prenup - The Phoenix Family Law News Blog

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Jeremy Shockey Dodges Bullet With Airtight Prenup

Former NFL star Jeremy Shockey's marriage to Daniela Cortazar Shockey lasted a grand total of eight months before the couple called it quits.

The 32-year-old free agent filed divorce papers late last year in Miami, stating that his marriage was "irretrievably broken," TMZ reports.

According to the filing, the couple signed a airtight prenup, ensuring Daniela will walk away from the marriage with nothing.

Daniela and Jeremy tied the knot back in May 2012. By October, however, the couple had already decided to separate.

In his divorce filing, Jeremy claims Daniela signed a prenup that will bar her from getting anything in the divorce. That means she'll walk away without spousal support or a piece of the marital property if the prenup is enforceable.

Celebrities often use prenuptial agreements to safeguard their fortunes against divorce. If executed correctly, a prenup can bar an ex-spouse from receiving her share of the marital property. However, there are countless reasons why a prenup could be deemed invalid and thrown out.

Many couples make their prenups contingent on the spouses being faithful to one another. That means if one spouse cheats, then the prenup could be deemed unenforceable.

If a spouse was unfairly pressured into signing a prenup before the marriage, the agreement may be deemed invalid as well. For example, if Daniela can show that Jeremy threatened to call off the marriage if she didn't sign the prenup, she may be able to get the agreement thrown out.

Alternatively, Daniela may argue that the terms of the prenup are so blatantly unfair as to cause her severe financial hardship. For instance, she would have to show that the prenup caused her to incur serious debt. Merely being barred from receiving spousal support or any of the marital property isn't enough to constitute "severe financial hardship."

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