ENFORCEMENT: SPECIAL ISSUES Sample Clauses

ENFORCEMENT: SPECIAL ISSUES. A. The Effect of Pregnancy on Enforcement In Texas, the effect of the woman being pregnant at the time a marital agreement is negotiated and executed was decided in Osorno x. Xxxxxx, 76 S.W.3d 509 (Tex. App. – Houston [14th Dist.] 2002, no pet.). In Osorno, after Xxxxxx became pregnant, Xxxxx agreed to marry her if she would sign a premarital agreement. Xxxxxx signed a premarital agreement and they were married the next day. When Xxxxx filed for divorce six years later, Xxxxxx unsuccessfully contested the enforceability of the premarital agreement. On appeal, Xxxxxx argued that she signed the premarital agreement involuntarily because she was forty, unmarried and pregnant. Id. at 510-11. The Fourteenth Court of Appeals stated the “for duress to be a contract defense, it must consist of a threat to do something the threatening party has no legal right to do.” Id. at 511. The appellate court concluded that Xxxxx had no legal duty to marry Xxxxxx and that his threat to do something he had the legal right to do is insufficient to invalidate the premarital agreement. Id.
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