Todd Tucker’s reality TV prenup fight faces legal long odds

Todd Tucker, the estranged husband of Kandi Burruss, potentially has grounds to challenge their prenuptial agreement during their current divorce proceedings—though legal experts caution that success is unlikely.“When a person signs a prenuptial agreement either hours or days before their wedding, they create an opening to argue later that they were coerced or put under undue pressure to sign the document,” Holly Davis, founding partner of Kirker Davis LLP, who has no involvement with the former couple’s divorce case, told Us Weekly exclusively.She emphasized that this legal claim “only holds significance” if Tucker can demonstrate that his argument fulfills specific criteria.While she believes Tucker, 52, had “plenty of time and opportunity” to consult with his attorney before signing the prenup ahead of their 2014 wedding, Davis noted, “In the unusual scenario where Kandi’s attorney falsely claimed that Todd’s lawyer had approved the prenup terms when they had not, it could potentially win.”However, in her opinion, “The fact that Todd already had a lawyer on retainer and had been discussing the prenuptial agreement with him for months leading up to the wedding makes his case a losing one.”Atty K. Bruggemann, partner at Gallet Dreyer & Berkey LLP, who has not worked with the separated couple, agrees, telling Us that the outcome may hinge on unaired Bravo footage that Burruss, 49, is using in the divorce battle.“Since Georgia law requires full financial disclosure, voluntariness, and the absence of coercion, Todd would need to prove that one of these components was missing when he signed,” she states. “This is where the footage related to the wedding becomes important: if the video depicts Kandi or her family applying undue pressure, creating last-minute deadlines, or presenting the prenup under emotionally charged circumstances, Todd’s claim could be persuasive.”The attorney also suggests that footage from The Real Housewives of Atlanta and the five-part reality TV wedding documentary, Kandi’s Wedding, could aid Tucker.“Similarly, if the footage or other evidence suggests he didn't fully grasp the financial terms, lacked a realistic chance to consult independent counsel, or was rushed into signing without negotiation, Georgia courts might interpret those factors as weakening the agreement’s enforceability,” she added. “The primary issue Todd would need to prove to challenge the prenup is involuntariness — that he was pressured, threatened, or coerced into signing, coupled with a lack of time to negotiate, consult with counsel, and understand the draft he ultimately signed.”She continued, “The particularly interesting part of this matter is what the raw footage shows, what producers can testify about, and if any dramatic elements were inserted into the edited footage that can be contradicted by witnesses to show that any panic, coercion, or intensity in that moment was added for dramatic effect and that everything was settled prior to Todd’s signing.”Yonatan S. Levoritz, a New York-based divorce attorney specializing in high-conflict, high-asset custody disputes and prenup litigation, tells Us that Tucker’s prenup claim “might have some merit, as the lack of legal representation is merely one factor for the court to consider.”“While having legal counsel is an important right, it is not the decisive factor in the argument. The agreement would also need to be significantly lopsided in Kandi’s favor regarding the rights or deprivation of rights under the agreement. Therefore, if the agreement was heavily skewed and stripped Todd of substantial marital wealth, and he was unaware of the terms while Kandi had counsel present, that could be enough to increase his chances of overturning the agreement,” Levoritz, who is not involved in their divorce case, stated.Kandi Burruss’ Ex Todd Demands Primary Custody, Questions PrenupBurruss filed for divorce from Tucker on November 21.As Us first reported, while Tucker acknowledged receiving the prenup before their April 2014 wedding, he claims his lawyer was not present when he received the final version.The former RHOA star dismissed those allegations, alleging that Tucker “loudly declared” that he was “ready to sign” the prenup during a private discussion with her and after talking to his lawyer “both on and off camera.”Besides the prenup, Burruss and Tucker are also feuding over custody of their two children: son Ace, 9, and daughter Blaze, 6. (Burruss is also mom to daughter Riley, 23, from a previous relationship.)He is requesting primary custody of Ace and Blaze, claiming his ex-wife’s work commitments will require her to be away from the kids for several months.Burruss, who initially sought joint custody, later revised her request to sole custody.She argued that both their careers have required them “to travel away from home for extended periods of time, independently and jointly, both before and after the births of both minor children.”Burruss also noted they have a nanny and that their children “have a diverse and strong family support network, which includes maternal grandparents, aunts, uncles, and cousins within a five to 20-mile radius of the family residence.”After concluding their 11-year marriage, the exes put aside their issues and celebrated Thanksgiving together.