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FAMILY LAW OUTLINE




CHAPTER 1: MARITAL AND COHABITATION AGREEMENTS

A. MARITAL AGREEMENTS



Fletcher v. Fletcher (Prenuptial agreement executed one day before the wedding. She declined legal counsel. Attorney did not fully delineate to the wife exactly what rights would accrue to her from the marriage and how the agreement would affect those rights.)

Holding: Court upheld the agreement. When an ante-nuptial agreement provides disproportionately less than the party would have received under an equitable distribution, the party financially disadvantaged must have a meaningful opportunity to consult with counsel.

Reasoning: Public policy allows enforcement of prenuptial agreements.

Agreements are valid and enforceable if

(1) They have been entered into freely without fraud, duress, coercion, or overreaching;

- Spouse should have a meaningful opportunity to seek counsel.

- Here, the wife could have had counsel but refused......

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