Articles and topical caselaw issues regarding marital agreements.
Marital agreements that limit or waive spousal maintenance are not void per se as against public policy. Arizona adopts majority view that the validity of antenuptial agreements affecting maintenance should be determined on a case-by-case basis.
Premarital agreement is unenforceable where it unreasonably encourages divorce. Agreement gave wife one-half of husband’s stock regardless of how long the marriage lasts, thus giving the wife a profit incentive to induce the husband to seek a divorce at the earliest possible date.
Wife’s waiver of attorney fees in antenuptial agreement is invalid – attorney fees are part of support obligation which cannot be contracted away.
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.
Wife need not know the exact dollar value of the husband’s property at the time of the execution of an antenuptial agreement.
Fact that wife was pregnant when agreement was signed and husband threatened not to marry raised issue of duress.
Post-nuptial agreement which limits wife’s share if she is unfaithful during 15 year period is enforceable.
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.