Button v. Button

388 N.W.2d 546 (1986)

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Nature of the Case

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Facts

The parties married on September 12, 1969, having known each other for five years prior to their marriage. Each had been married previously; w had one adult child from her prior marriage, and H had three adult children. When they were married, W was 50 years old, and H 61 years old. W began the divorce action in 1983. A prenuptial agreement was entered into. There was no discussion of H's finances prior to their marriage but W was aware of H’s assets. H and his attorney could not remember if W was told of the consequences of signing the agreement. In 1970, W received $12,000 from the life insurance policy on the death of her first husband and gave them to her daughter. In June 1974, H sold his upholstery business to his son for $85,000. The parties signed a postnuptial agreement which expressly rescinded and terminated the 1969 prenuptial agreement. H's assets had appreciated to $110,000. W's assets were essentially the same as before marriage. W did not have independent counsel. W claimed the agreement was never explained to her and that no financial disclosures were made but W was aware of the assets owned by H. The postnuptial agreement stated that in the event of a divorce all property owned by either party prior to marriage would remain the separate property of that party and that all property acquired after the marriage would be deemed the separate property of the party acquiring the property. In the event of divorce, W was to accept as full property settlement her own articles of personal property, her own separate property and one-half of all properties acquired jointly by the parties. The court ruled for H. It held that she understood the agreement as she gave the $12,000 to her daughter. The court awarded H $255,103 in property and W $7,882.10. W appealed.