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Keywords

attorneytrial

appealtrialgood faith

Related Cases

Penrod v. Penrod, 624 S.W.3d 905

Facts

Prior to their marriage, Husband and Wife lived together for over a year, during which Husband expressed his desire for an antenuptial agreement. On May 21, 1997, Husband presented the agreement to Wife, who met with an attorney to review it. Despite her claims of inadequate counsel and lack of understanding, the court found that Wife had sufficient time to review the agreement and was aware of its terms. The couple married on May 22, 1997, and maintained separate property throughout their marriage until their separation in January 2018.

Prior to their marriage, Husband and Wife had been living together for over a year. Husband, then in his 60s, was considerably older than Wife, who was in her 40s.

Issue

Did the trial court err in finding the antenuptial agreement valid and in its division of marital assets based on that agreement?

In her first point on appeal, Wife claims the trial court erred in finding the Antenuptial Agreement valid because the agreement was both procedurally and substantively unconscionable.

Rule

Antenuptial agreements are valid if entered into freely, fairly, knowingly, and with full disclosure. The court evaluates the circumstances surrounding the agreement's execution, including the parties' access to independent counsel and the adequacy of time to review the agreement.

To be valid and enforceable, the parties entering into an antenuptial agreement must do so freely, fairly, knowingly, understandingly, and in good faith with full disclosure.

Analysis

The court applied the rule by examining the evidence presented at trial, which indicated that Husband fully disclosed his assets and that Wife had adequate time and independent counsel to review the antenuptial agreement. The court found that Wife's claims of procedural unconscionability were not supported by the evidence, as she had lived with Husband prior to the marriage and was aware of his assets. The court also noted that the agreement allowed for an even distribution of marital property, which further supported its conscionability.

In light of our standard of review and the record before us, we find: (1) Husband provided full disclosure of his assets; (2) Wife was given sufficient notice of the agreement; and (3) Wife had adequate, independent counsel.

Conclusion

The court affirmed the trial court's judgment, holding that the antenuptial agreement was valid and enforceable, and that the division of marital property was appropriate.

The judgment of the trial court is affirmed.

Who won?

Husband prevailed in the case because the court found the antenuptial agreement to be valid and enforceable, with sufficient evidence supporting the husband's claims of full disclosure and the wife's understanding of the agreement.

Husband testified Wife knew 'long before [they] got married' that he sought to enter into an Antenuptial Agreement.

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Keywords

Related Cases

In re Marriage of Reese & Guy, 73 Cal.App.4th 1214, 87 Cal.Rptr.2d 339, 99 Cal. Daily Op. Serv. 6202, 1999 Daily Journal D.A.R. 7909

Rivkin v. Postal, Not Reported in S.W.3d, 2001 WL 1077952

Rocconi v. Rocconi, 88 Ark. App. 175, 196 S.W.3d 499

Rodriguez v. Rodriguez, 860 S.W.2d 414

In re Marriage of Perez, 35 Cal.App.4th 77, 41 Cal.Rptr.2d 377