Contracts with a minor are considered voidable, not void ab initio. A minor who enters into a contract can choose to avoid it, but if she turns 18, she only has a limited window in which to declare the intention to avoid the contract. This window is usually six months; for marriage in California, it is two years; past this window, the contract is considered ratified and must be executed. Given Samantha Cole's age at the time of the divorce hearing, both her marriage AND the prenup should have been considered ratified.
However, even if the marriage were valid but the prenup not, her husband clearly states that he "didn't know she was a minor!" At this point he could probably get an annulment on the grounds of fraud, reverting Samantha to status quo ante matrimonium - i.e., legally in possession of none of his wealth.
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05/03/2025 alle ore 08:30
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