The future ex-husband of Artist Jill Scott countersued for revocation of their prenuptial agreement. Mike Dobson argues that he signed the agreement under duress without a lawyer. He also claims that Scott violated the agreement by speaking to the media about the split. In addition, he demands $500,000 for pain and suffering he says he incurred during the marriage.
Can you revoke a prenup?
Dobson says that he only signed the prenup because he loved Scott and he had high hopes for the marriage. Unfortunately, under Tennessee law that’s not quite enough to revoke the prenup. Unless Dobson is relatively unsophisticated to genuinely not understand what he was signing, then it’s unlikely it’s revocable on this ground.
Dobson also states that he did not have an attorney when signing the prenup. This could be a factor weighing in his favor. It points to the agreement being more unfair to Dobson. To avoid prenup revocation, a wealthy spouse should hire an attorney for the other spouse if he or she cannot afford one.
In addition, the prenup revocation is possible if Scott did not make a full and fair disclosure of her assets and Dobson had no knowledge of them. To be safe, an attorney drafting a prenup should attach a net worth list of assets, liabilities, and income to the agreement.
Again, Dobson also claims the prenup is invalid because Scott spoke to the press regarding their split which violates the agreement. The remedy for violating a clause of this nature is likely monetary compensation and not revocation.
Pain and suffering damages during a divorce are real!
Dobson also requested $500,000 for pain and suffering. He says that during the marriage, Jill Scott harmed his reputation. She allegedly accused him of being gay, violent, and a con artist among other things. He has required intensive therapeutic treatment for depression.
Although it will be tough to get pain and suffering damages, Dobson can improve his changes by having mental health records. Showing evidence of prescription medicine and getting letters from people who saw his behavior change would also help.
Divorces are always difficult to navigate but adding fame and wealth makes it messier. A good lawyer can possibly find those loopholes that you never knew existed!