|Missing Millionaire's Wife Wanted Prenup Voided|
|By CHRISTINA NG (@ChristinaNg27)||Jul 5, 2012, 3:39 PM|
Less than two months before millionaire Guma Aguiar vanished, his wife filed a legal document asking a Florida court to overturn the couple's prenuptial agreement. In the April filing, obtained by ABCNews.com, she recounted the "living nightmare" that was her marriage while her husband suffered a six-month-long "manic episode."
Guma Aguiar, 35, was last seen on June 19 in Fort Lauderdale. Early the next morning, his 31-foot fishing boat washed up on a Fort Lauderdale beach with the engine running and lights on, but with no sign of its Brazilian-born owner.
Aguiar's body has not been found and questions have arisen about whether he may, in fact, be alive.
In the prenup-related filing, Jamie Aguiar alleges that her husband misrepresented his worth in the prenup. Her attorney, William Scherer, has said that the current prenup entitles Jamie Aguiar to only $500,000, despite her husband's fortune.
Jamie Aguiar claims that Guma Aguiar was negotiating his interest in Portland Energy Partners, L.P., while the prenup was being prepared. Portland Energy owned nearly all of the equity in Leor Energy, a company run by Aguiar and his uncle Thomas Kaplan, which was eventually sold for $2.5 billion.
Aguiar and Kaplan had been in a nasty and costly legal battle over the division of the profits from the sale since 2009.
"The timing of these transactions is highly suspect," Scherer wrote in the wife's filing.
The filing claims there was "a conspiracy between Guma and members of his family and key advisors to keep this information from Jamie."
The prenup specified that Jamie Aguiar was not entitled to any future equity interest in Portland Energy or any related entity, according to the filing.
The document also details Jamie Aguiar's account of the couple's turbulent marriage because of Guma Aguiar's "severe bipolar disorder, psychosis, illicit and prescription drug abuse, and psychological problems" for which he was undergoing treatment.
"While Guma Aguiar's psychiatric hospitalization, treatment, and medication regimen have been largely effective in tempering his manner for the time being, Jamie has legitimate concerns that this period of calm before the storm may be short-lived if Guma chooses to discontinue his treatment and/or medication, as he has done several times in the past," Scherer wrote.
"With this uncertainty looming, it has become necessary for Jamie to make suitable arrangements for the physical safety and financial security of her four children, as well as her own person," the filing said.
Jamie Aguiar points to the summer of 2011 as an example of one of Guma Aguiar's "bouts of mania."
She said that during that summer her husband was incarcerated for a "bizarre spree of behavior" that included verbal and written threats to kill her father, domestic violence against her while she was pregnant, attempted bribery of a police officer, a verbal threat to blow up the Fort Lauderdale Police station, and aggravated stalking.
"This was in addition to other erratic, though legal, activities that included the purchase of a multi-million-dollar yacht, the purchase of numerous vehicles totaling well over $1 million, the purchase of NBA playoff tickets that climbed past the six-figure mark, extravagant travel and partying, and an extra-marital relationship with an exotic dancer from Russia," the filing said.
In July 2011, Guma Aguiar filed dissolution-of-marriage papers, but the couple did not go through with a divorce.
Jamie Aguiar's April filing to overturn the prenup paints a picture that is in stark contrast to how Scherer described the couple's marriage in a court hearing last week.
Guma Aguiar's mother, Ellen Aguiar, said that her son was depressed the night he went out on the boat because his wife had asked for a divorce hours earlier. Scherer denied the claim and said the couple was living together and frequently exchanged love notes, as recently as the day he disappeared.
About three weeks after Jamie Aguiar filed for the prenup to be declared "invalid and unenforceable," Guma Aguiar filed his own papers amending the preneed guardian of his person and property, in the event of his incapacity, from his wife to his mother.
In the battle between his wife and his mother, Ellen Aguiar's attorneys have pointed to this amended document as a clear message that Guma Aguiar did not want his wife to have control of his assets.
For the time being, neither woman has control.
At a hearing on Tuesday, a Florida judge appointed Northern Trust, a wealth management company, with conservatorship over all of Aguiar's trust assets. Florida attorney Thomas Panza was appointed to manage all of Aguiar's non-trust assets and Fort Lauderdale Mayor Jack Seiler was appointed conservator over all litigation.
On the same day, Jamie Aguiar filed for the court's permission to sell the couple's mansion and yacht, which are valued at $7.1 million.
The couple's Fort Lauderdale house is valued at $5 million and their 75-foot Lazzara boat The Zion is valued at $2.1 million, according to court documents.
Guma and Jamie Aguiar own the house and boat together, so the assets are not the property of the conservator, but Jamie Aguiar cannot sever her interest from the house or boat from Guma's interest without consent from the court and an order from the court granting her permission.
The couple has four children between the ages of 10 months and 7 years old.