A review of the antenuptial case Kelcourse v. Kelcourse that went through the Massachusetts Appeals Court on Jan. 21, 2015.
By Laura Morgan: An antenuptial agreement between two former spouses is not rendered unconscionable due to financial increase during the marriage.
Determination that husband fraudulently induced wife to execute prenuptial agreement was supported by the evidence, as required to set aside prenuptial agreement.
Unconscionable support limitation provisions of PMA should have been excised pursuant to severability clause and property provisions enforced.
Enforced premarital agreement signed with less than 7 days in calendar between first presentation and agreement isn’t considered voluntarily executed.
The statute providing that a premarital waiver of spousal support without independent counsel is unenforceable does not apply retroactively to premarital agreements signed before the effective date of the statute, since the statute does not merely clarify prior law, but rather substantially changes it.