Articles & Topical Caselaw on Marital Agreements
Articles and topical caselaw issues regarding marital agreements.
Jacobitti v. Jacobitti
Prenuptial agreement was unconscionable because it would leave the husband wealthy and the wife virtually penniless.
In Re Marriage of Thorpe v. Thorpe
Inequitable agreements should not be enforced.
Hengel v. Hengel
Pre-1978 agreement is presumed equitable – statute is retroactive. (2) Financial statements need not be attached. (3) Wife’s contributions as a homemaker do not affect the equitability of the agreement.
In Re Marriage of Antuk v. Antuk
Marital agreement which excluded property acquired before or after marriage also excluded appreciation of the property, unless the agreement is inequitable.
In Re Marriage of Levy v. Levy
Where agreement states that it was intended to take effect at death, it does not apply to divorce.
In Re Marriage of Button v. Button
To be enforceable, marital agreements must have fair disclosure, be voluntarily entered into, and have fair substantive terms. The fairness of the agreement is assessed as of the time of the execution of the agreement and, if circumstances have significantly changed, the fairness is assessed again at the time of divorce.
Schumacher v. Schumacher
No disclosure vitiates marital agreement. Independent knowledge of assets in this case is insufficient to substitute for actual disclosure.
In Re Marriage of Spencer v. Spencer
Stipulation regarding whether payments are maintenance or property division in lieu of maintenance is ambiguous. Remanded to court evidentiary hearing to determine intent of parties.
In Re Marriage of Brandt v. Brandt
Enforcement of premarital agreement would be unfair where both parties ignored agreement during marriage and assets cannot be traced.