Dewberry v. George
Oral prenuptial agreement was enforceable.
Oral prenuptial agreement was enforceable.
Although wife was pregnant and presented with a prenuptial agreement one week before the scheduled wedding date, and she was told that if she did not sign it there would be no wedding, she did not establish that execution of the agreement was a product of coercion or duress.
Prenuptial agreement waiving attorney fees was unenforceable as unconscionable due to the great financial disparity between the parties.
Prenuptial agreement applied only to distribution of property at death, not at divorce. In addition, it did not disclose assets or liabilities or adequately provide for wife. As a result, it was invalid as unconscionable.
Waiver of attorneys fees in prenup was subject to review of unconscionability.
43 year old French “Contrat de Mariage” was an enforceable prenuptial agreement.
Premarital agreement was unconscionable where husband would receive $20m and wife nothing (except for $100K on H’s death), W had limited knowledge of English, was not represented by counsel and H did not disclose his net worth.
Lost prenuptial agreement was enforceable by use of parol evidence.
Clause that prevailing party is entitled to attorney fees in the event of dispute is enforceable and it does not violate public policy and is not unconscionable.
Prenuptial agreement is enforceable despite change in circumstances between execution and divorce. Changes were not so far beyond the contemplation of the parties to cause an injustice. There is a ‘heavy burden’ on the party seeking to challenge the agreement to show a dramatic change.