Fletcher v. Fletcher
Presentation of an agreement a very short time before wedding creates a presumption overreaching if postponement of the wedding would cause significant hardship, embarrassment or emotional distress.
Presentation of an agreement a very short time before wedding creates a presumption overreaching if postponement of the wedding would cause significant hardship, embarrassment or emotional distress.
Court upholds prenuptial agreement even if one party gives up all rights to the property of the other. Court rejects argument that agreement was signed under duress because Husband would not marry without agreement and wife wanted to “legitimize” their two year old daughter.
Marital agreement upheld where property distribution turned on which party initiated divorce proceedings.
Waiver of alimony in a prenuptial agreement is void as against public policy.
Waiver of alimony in a prenuptial agreement is void as against public policy.
Waiver of maintenance in a prenuptial agreement is unconscionable and unenforceable when it would deprive a spouse of reasonable support.
Prenuptial agreement which waived future right to modify support ruled valid.
General disclosure of assets in prenuptial agreement is adequate.
Waiver of alimony in prenuptial agreement applies to a request for alimony pendente lite.
Evidence did not support trial court’s conclusion that antenuptial agreement was not valid at time of execution where wife was informed of husband’s financial worth, even if a judge might have awarded her a larger share of the marital estate. Evidence also did not support finding that agreement was not valid at time of divorce applying a “conscionability” standard.