An interesting and complicated divorce case is playing out in Florida and may serve as a strong example of why it's important to have a solid prenuptial agreement in place. It involves an 87-year-old man who supposedly wants to get divorced from his wife of 15 years. Interestingly enough, although he has asked for a divorce, the court recently ruled that he was not able to pass the basic competency test in order to get one. On top of that, the court ruled that there does not appear to be any credible evidence that the marriage was "irretrievably broken."
Some might ask: how can this happen? This is where the story gets a bit more complicated. The issue, as is often the case, centers on a lot of money. As per a prenuptial agreement, the wife is set to get about $10 million if her husband dies. On the other hand, if her husband divorces her, the deal is off.
The case began last year when a judge ruled that the man's children would be made his guardians. This happened after the children filed a petition claiming the wife was a threat to the man's well-being. The wife was also forced to move out of the condominium the two shared.
The new ruling regarding the man's competency came from a different judge who actually witnessed the elderly man testify in court. He stated that the man "would answer without any real understanding of the nature of the proceedings," similarly to how a young child would act.
The wife's lawyer claims the divorce was orchestrated by the man's children in order to cut her off from his money. The husband's lawyer is considering appealing the decision.