Accomazzo v. Kemp
Attorney client privilege is not automatically waived when a party challenges enforceability of a prenuptial agreement.
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 Krejci v. Krejci
Trial court property determined that it would inequitable to enforce prenuptial agreement due to significantly change circumstances after the execution of the agreement. The parties combined their resources, including inheritances, savings and income. The marital agreement was ignored. They combined efforts and labors to the appreciation of property in a way that cannot be separately identified.
Jones v. Estate of Jones
Where prenuptial agreement waived homestead protection, husband did not need to approve subsequent transfer of ownership. Homestead protection can be waived in a prenuptial agreement.
Estate of Campbell v. Chaney
“Suit within a suit” not required for malpractice finding involving enforcement of prenuptial agreement. Plaintiff can recover from attorney even though they settled case.