Accomazzo v. Kemp
Attorney client privilege is not automatically waived when a party challenges enforceability of a prenuptial agreement.
Attorney client privilege is not automatically waived when a party challenges enforceability of a prenuptial agreement.
Articles and topical caselaw issues regarding marital agreements.
Prenuptial executed two days before marriage is valid. No duress by husband’s threat not to marry – threat puts potential spouse on notice that the agreement is serious.
Prenuptial agreement was unconscionable because it would leave the husband wealthy and the wife virtually penniless.
Statement in prenuptial agreement that full and fair disclosure of assets was made is prima facie evidence that there was adequate disclosure.
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.
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.