Bratton v. Bratto

136 S.W.3d 595 (2004)

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Nature of the Case

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Facts

W and H were married on June 26, 1982. H had completed his first year of medical school, and W was employed as a research technician. W had a child from a previous marriage. At the time of the trial, the parties had two minor children, ages sixteen and thirteen. On June 27, 1983, H handwrote and signed the following letter: I, Michael W. Bratton, being of sound mind and being married to Cynthia L. Bratton hereby promise never to be the cause of a divorce between us. In the event that I do not fulfill my promise, I will give Cindy 50% of my present belongings and 50% of my net future earnings. A more formal 'property settlement agreement' was signed by both parties on August 26, 1983. No written agreement was ever entered into prior to the marriage. It was H who had the agreement prepared by an attorney and then brought it to her to sign. On March 15, 2000, W filed for divorce. H filed a motion for partial summary judgment to have the Property Settlement Agreement declared invalid for lack of consideration. The trial court granted the motion in part. The court found that the agreement was severable and that the portion of the agreement relating to the division of property was valid and enforceable, but that the portion regarding the support was invalid for want of consideration. H was directed to pay $ 3,237.00 per month in child support and $1000.00 per month per child into an educational trust fund. Marital property and marital debt were divided equally between the parties. W got alimony in futuro in the amount of $10,500.00 per month until her death or remarriage. Both parties appealed. The Court of Appeals found consideration for both parts of the postnuptial agreement, but that the whole agreement was in violation of public policy. Again, both parties appealed.