Premarital agreement executed by spouses on their wedding day was unenforceable, based on lack of consent; very little planning preceded creation of premarital agreement, drafting lawyer did not receive any information regarding spouses’ property until the morning of the wedding, husband was not advised to seek independent legal advice and there was not time to do so, husband told the court he did not understand the agreement when it was signed or when asked about it at divorce trial, and terms apparently were inflexible.
Laura Morgan is a Family Law Consultant. Laura is available for consultation, brief writing and research on family law issues throughout the country. She can be reached through her website. www.famlawconsult.com