Warning: The Wording in Your Prenuptial Agreement is Critical

In re Marriage of Woodrum — Prenuptial Fail

  • What was the purpose of hiring the attorneys to draft the prenuptial agreement if the Court is going to grant maintenance anyway?
  • What went wrong? And why isn’t the agreement valid?

Wife Attempts to Invalidate the Prenuptial Agreement

Wife Argues for Temporary Spousal Maintenance

Prenuptial Agreement Clause Regarding Maintenance

Enforceability of the Premarital Agreement

Disclosure of Property, Assets and Financial Obligations

Reasonable, Fair and Complete Disclosure Required

“Fair and Reasonable” Disclosure Requirement

Burden of Proof Falls on Party Seeking to Avoid Enforcement of the Premarital Agreement

Wife Argued Agreement Procedurally Unconscionable

Circumstances Surrounding the Execution of the Premarital Agreement

Is the Agreement “Substantively Unconscionable”?



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