Trial court property determined that it would inequitable to enforce prenuptial agreement due to significantly change circumstances after the execution of the agreement. The parties combined their resources, including inheritances, savings and income. The marital agreement was ignored. They combined efforts and labors to the appreciation of property in a way that cannot be separately identified.
Where prenuptial agreement waived homestead protection, husband did not need to approve subsequent transfer of ownership. Homestead protection can be waived in a prenuptial agreement.
Prenuptial agreement invalid due to duress, including the husband giving it to the wife only three days before the wedding, wife not having an opportunity to consult with a lawyer, threat to cancel the wedding and husband keeping financial information from her.
“Suit within a suit” not required for malpractice finding involving enforcement of prenuptial agreement. Plaintiff can recover from attorney even though they settled case.