A review of the post-nuptial agreement case In re Marriage of Iqbal and Khan that went through the Illinois Appellate Court in 2014.
A review of the post-nuptial agreement case Hussemann ex rel. Ritter v. Hussemann that went through the Iowa Supreme Court in 2014.
By Laura Morgan: Postmarital agreement which contained specific stipulation in which husband and wife agreed if marriage did not survive, wife was entitled to all personal property acquired during the marriage did not violate public policy by encouraging husband to file for divorce as soon as possible.
In absence of transcript of hearing in divorce proceeding, trial court’s determination that there was full and fair disclosure by husband of his financial information, with respect to execution of postnuptial agreement, was supported by trial court’s findings in record that wife had access to husband’s family business financial records up to point where she filed for divorce.
Husband claims that the trial court improperly relied upon principles of fairness and equity in concluding that the postnuptial agreement was unenforceable and, instead, should have applied only ordinary principles of contract law.
By David H. Lee & Kevin M.Corr: Case Issue: Post-Nuptial. Last year, with the case of Ansin v. Craven-Ansin, 457 Mass. 283 (2010) (Ansin), the Massachusetts Supreme Judicial Court (SJC) joined “the majority of…